WSR 00-01-125

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-219 -- Filed December 17, 1999, 4:54 p.m. , effective January 1, 2000, 12:01 a.m. ]

Date of Adoption: December 17, 1999.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-57-31900X and 220-57-31900Y; and amending WAC 220-57-319.

Statutory Authority for Adoption: RCW 75.08.080.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Lewis River wild fall chinook are within the Lower Columbia ESU that have been listed as a "threatened" under ESA. The Lewis River escapement goal is 5,700 fish. Escapement in 1999 is estimated to be 3,500. The proposed regulation will continue the chinook release requirement during the month of January when a small sport catch of fall chinook could occur and before spring chinook have returned in substantial numbers. There is insufficient time to promulgate permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: January 1, 2000, 12:01 a.m.

December 17, 1999

Jeff P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-57-31900Y
Lewis River.

Notwithstanding the provisions of WAC 220-57-319, effective 12:01 a.m. January 1, 2000 through January 31, 2000:

(1) Mainstem:

(a) Downstream from east fork to mouth. Daily Limit A except release chum, chinook, and wild coho salmon.

(2) East fork: Closed waters.

(3) North fork:

(a) From the overhead powerlines below Merwin Dam to the east fork - Daily Limit A except release chum, chinook and wild coho salmon.

(4) At all times it is unlawful to take, fish for or possess salmon taken for personal use from waters shoreward of the cable, buoy, and corkline located at the mouth of the Lewis River Salmon Hatchery Fishway.

[]


REPEALER


The following section of the Washington Administrative Code is repealed 11:59 p.m. December 31, 1999:


WAC 220-57-31900X Lewis River. (99-175)

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. February 1, 2000:


WAC 220-57-31900Y Lewis River.

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