WSR 03-10-032

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-77 -- Filed April 29, 2003, 3:41 p.m. , effective May 1, 2003, 12:01 a.m. ]

     Date of Adoption: April 29, 2003.

     Purpose: Amend personal use rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900X; 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: Preseason forecast is 4,900 adult spring chinook returning to the Cowlitz River and 3,100 returning to the Lewis River in 2003. Therefore regulations will be relaxed while the hatchery escapement goals are expected to be met. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 1, 2003, 12:01 a.m.

April 29, 2003

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900X   Exceptions to statewide rules -- Cowlitz River, Lewis River (including North Fork).   Notwithstanding the provisions of WAC 232-28-619, it is unlawful to violate the following provisions:

     (1) Cowlitz River -

     (a) Effective May 1 through July 31, 2003, special daily limit of six salmon no more than two adults in those waters of the Cowlitz River from boundary markers at the mouth upstream to 400 feet or posted deadline below the Barrier Dam. Release wild chinook.

     (b) Effective May 1 through June 15, 2003, South bank of the river from Mill Creek upstream to the Barrier Dam is closed to all fishing.

     (2) Lewis River - Effective May 1 through July 31, 2003, special daily limit of six salmon no more than two adults in those waters of the Lewis River from boundary markers at the mouth upstream to mouth of East Fork.

     (3) North Fork Lewis River - Effective May 1 through July 31, 2003, it is lawful to fish in those waters of the North Fork Lewis River from the mouth to overhead power lines below Merwin Dam.

     (a) Trout daily limit is two fish. Minimum size 20 inches. Release wild steelhead

     Other Gamefish - Statewide rules are in effect.

     (b) Salmon - Daily limit of six salmon, no more than two adults. Minimum size 12 inches. Release wild chinook.

     (4) North Fork Lewis River - Effective May 1 through July 31, 2003, it is lawful to fish from a floating device in those waters from Johnson Creek upstream to Colvin Creek.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. August 1, 2003:


WAC 232-28-61900X Exceptions to statewide rules -- Cowlitz River, Lewis River (including North Fork).

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