WSR 02-21-078

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-262 -- Filed October 17, 2002, 3:06 p.m. , effective October 19, 2002, 12:01 a.m. ]

     Date of Adoption: October 17, 2002.

     Purpose: Amend personal use rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900S; and amending WAC 232-28-619.

     Statutory Authority for Adoption: RCW 77.12.047.

     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: Late stock coho returns to the Cowlitz River have been strong. To date, 15,000 adult coho have returned to the salmon hatchery and of which nearly 13,500 have been released into the upper Cowlitz. Based on average run timing, 50,000 coho may return to the Cowlitz River in 2002. Coho are being released into the upper Cowlitz system for additional angling opportunity and for reintroduction efforts. Adding the wild coho release in Lake Scanewa will aid in the reintroduction efforts. Wild coho release is already required in the lower and upper Cowlitz plus the Tilton and Cispus rivers. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 19, 2002, 12:01 a.m.

October 17, 2002

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900S   Exceptions to statewide rules -- Cowlitz River, Cispus River, Lake Scanewa and Tilton River.   Notwithstanding the provisions of WAC 232-28-619:

     (1) Cowlitz River (Cowlitz/Lewis County)

     (a) Effective October 19 through December 31, 2002, in those waters of the Cowlitz River from boundary markers at the mouth upstream to 400 feet or posted markers below the barrier dam, special daily limit of six salmon no more than four adults of which no more than two may be adult chinook salmon. Wild coho and all chum salmon must be released and all chinook must be released between Blue Creek and Mill Creek.

     (b) Effective October 19 through December 31, 2002, in those waters of the Cowlitz River from the upstream boundary of Lake Scanewa (Cowlitz Falls Reservoir) to the confluence of the Muddy and Ohanapecosh rivers, special daily limit of six salmon no more than four adults of which no more than two may be adult chinook salmon. Wild coho must be released.

     (2) Cispus River (Lewis County) Effective October 19 through December 31, 2002, in those waters of the Cispus River from posted markers at the Lewis County PUD kayak launch upstream to the North Fork, special daily limit of six salmon no more than four adults of which no more than two may be adult chinook salmon. Wild coho must be released.

     (3) Lake Scanewa (Lewis County) Effective October 19 through December 31, 2002 in those waters of Lake Scanewa from Cowlitz Falls Dam to the boundary on the Cowlitz River arm which is the posted Lewis County PUD sign on Peters Road and the boundary of the Cispus arm which is the posted markers at the Lewis County PUD kayak launch approximately 1.5 miles upstream from the confluence of the Cowlitz and Cispus arms, special daily limit of six salmon no more than four adults of which no more than two may be adult chinook salmon. Wild coho must be released.

     (4) Tilton River (Lewis County) Effective October 19 through December 31, 2002, in those waters of the Tilton River from mouth to West Fork, special daily limit of six salmon no more than four adults of which no more than two may be adult chinook salmon. Wild coho must be released.

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REPEALER


     The following section of the Washington Administrative Code is repealed effective January 1, 2003:


WAC 232-28-61900S Exceptions to statewide rules -- Cowlitz River, Cispus River, Lake Scanewa and Tilton River.

© Washington State Code Reviser's Office