WSR 03-14-073

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-139 -- Filed June 26, 2003, 4:08 p.m. , effective July 1, 2003, 12:01 a.m. ]

     Date of Adoption: June 26, 2003.

     Purpose: Amend personal use rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900L; 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: A strong run of summer chinook will pass Priest Rapids in 2003. The expected spawning escapement will greatly surpass hatchery broodstock needs and allows for a significant increase over brood levels of natural escapement. This stock is not listed under the Endangered Species Act, and the proposed fishery is deemed by the NOAA Fisheries as not likely to have negative impacts on listed fish species. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

June 26, 2003

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900P   Exceptions to statewide rules -- Columbia, Cowlitz, Green, Klickitat, Lewis, Okanogan, Toutle, Washougal and Wind River.   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. July 1, 2003, until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended all permanent rules remain in effect:

     (1) Columbia River:

     (a) Buoy 10 line to Rocky Point-Tongue Point line:

     (i) Effective immediately through July 31, closed to salmon fishing.

     (ii) Effective August 1 through August 15, open for salmon fishing with a daily limit of two salmon, no more than one chinook. Chinook minimum size 24 inches, coho minimum size 16 inches. Release sockeye, chum and wild coho.

     (iii) Effective August 16 until further notice, open for salmon fishing with a daily limit of three salmon, no more than one chinook. Chinook minimum size 24 inches, coho minimum size 16 inches. Release sockeye, chum and wild coho.

     (b) Rocky Point-Tongue Point line to I-5 Bridge:

     (i) Effective immediately through July 31, open for salmon fishing with a daily limit of six salmon, no more than two adults. Release wild chinook. Release sockeye, chum and wild coho.

     (ii) Effective August 1 until further notice, open for salmon fishing with a daily limit of six salmon, no more than two adults. Release sockeye, chum and wild coho.

     (c) I-5 Bridge to Bonneville Dam:

     (i) Effective immediately through July 31, open for salmon fishing with a daily limit of six salmon, no more than two adults. Release wild chinook. Release sockeye, chum and wild coho.

     (ii) Effective August 1 until further notice, open for salmon fishing with a daily limit of six salmon, no more than two adults. Release sockeye, chum and wild coho.

     (d) Bonneville Dam to The Dalles Dam:

     (i) Effective immediately through July 31, open for salmon fishing with a daily limit of six salmon, no more than two adults. Release wild chinook. Release sockeye and chum.

     (ii) Effective August 1 until further notice, open for salmon fishing with a daily limit of six salmon, no more than two adults. Release sockeye and chum.

     (iii) Effective August 1 until further notice, all species, night closure and non-buoyant lure restriction.

     (e) The Dalles Dam to McNary Dam:

     (i) Effective immediately through July 31, open for salmon fishing with a daily limit of six salmon, no more than two adults. Release wild chinook. Release sockeye and chum.

     (ii) Effective August 1 until further notice, open for salmon fishing with a daily limit of six salmon, no more than two adults. Release sockeye and chum.

     (f) McNary Dam to Highway 395 Bridge at Pasco.

     (i) Effective immediately through July 31, open for salmon fishing with a daily limit of six salmon, no more than two adults. Release wild chinook. Release sockeye and chum.

     (ii) Effective August 1 until further notice, open for salmon fishing with a daily limit of six salmon, no more than two adults. Release sockeye and chum.

     (g) The Highway 395 Bridge at Pasco upstream to Priest Rapids Dam.

     (i) Effective immediately through July 31, open for salmon fishing with a daily limit of six salmon, no more than two adults. Release sockeye.

     (h) From Priest Rapids Dam upstream to Wells Dam and between the Highway 173 Bridge at Brewster and Highway 17 Bridge at Bridgeport.

     (i) Effective July 16 through October 15, 2003, open for salmon fishing with a daily limit of six salmon, no more than two adults. Release sockeye and coho.

     (2) Cowlitz River (Lewis County): Boundary markers at mouth to 400 feet or posted deadline below Barrier Dam:

     (a) Effective immediately through July 31, open for salmon fishing with a daily limit of six salmon, no more than two adults. Release wild chinook.

     (b) Effective August 1 until further notice, open for salmon fishing with a daily limit of six salmon, no more than three adults, of which no more than two may be adult chinook. Release chum and wild coho.

     (3) Green River (Cowlitz Co.): Mouth to 2800 Road Bridge:

     (a) Effective immediately through July 31, open for salmon fishing, daily limit of six salmon, no more than two adults. Release wild chinook.

     (b) Effective August 1 until further notice, open for salmon fishing, daily limit six salmon, no more than three adults, of which no more than two may be adult chinook. Release chum and wild coho.

     (4) Klickitat River (Klickitat Co.):

     (a) Mouth to Fisher Hill Bridge:

     (i) Effective immediately until further notice, open for salmon fishing, daily limit of six salmon, no more than two adults.

     (ii) Effective August 1 until further notice, non-buoyant lure restriction.

     (b) From 400' upstream from #5 fishway to boundary markers below the Klickitat Salmon Hatchery, effective immediately until further notice, open for salmon fishing, daily limit of six salmon, no more than two adults.

     (5) Lewis River (Clark. Co.): Boundary markers at mouth to mouth of the East Fork:

     (a) Effective immediately through July 31, open for salmon fishing, daily limit six, no more than two adults. Release wild chinook.

     (b) Effective August 1 until further notice, open for salmon fishing, daily limit of six salmon, no more than three adults, of which no more than two may be adult chinook. Release chum and wild coho.

     (6) Lewis River, North Fork (Cowlitz Co.): Mouth to overhead power lines below Merwin Dam:

     (a) Effective immediately through July 31, open for salmon fishing, daily limit of six salmon, no more than two adults. Release wild chinook.

     (b) Effective immediately until further notice, open for trout fishing, daily limit two. Release wild cutthroat. Minimum size 20 inches.

     (c) Effective immediately until further notice, lawful to fish from a floating device in those waters from Johnson Creek upstream to Colvin Creek.

     (d) Effective August 1 until further notice, open for salmon fishing, daily limit of six salmon, no more than three adults, of which no more than two may be adult chinook. Release chum and wild coho.

     (e) Effective immediately until further notice, upstream of Johnson Creek, all species, night closure and non-buoyant lure restriction.

     (7) Okanogan River (Okanogan Co.): Downstream of the Highway Bridge 97 Bridge to the mouth: Effective July 16 through October 15, 2003, open to salmon fishing, daily limit of six salmon, no more than two adults. Release sockeye and coho.

     (8) Toutle River (Cowlitz Co.): Mouth to forks: Effective August 1 until further notice, open for salmon fishing, daily limit of six salmon, no more than three adults, of which no more than two may be adult chinook. Release chum and wild coho.

     (9) Toutle River, North Fork (Cowlitz Co.): Mouth to posted deadline below the fish collection facilities: Effective August 1 until further notice, open for salmon fishing, daily limit of six salmon, no more than three adults, of which no more than two may be adult chinook. Release chum and wild coho.

     (10) Washougal River (Clark County): Mouth to Salmon Falls Bridge: Effective August 1 until further notice, open for salmon fishing, daily limit of six salmon, no more than three adults, of which no more than two may be adult chinook. Release chum and wild coho.

     (11) Wind River (Skamania County): Mouth (boundary line markers) to 400 feet below Shipherd Falls: Effective August 1 until further notice, open for salmon fishing, daily limit of six salmon, no more than two adults. Release all chinook from the Burlington Northern Railroad Bridge to 400 feet below Shipherd Falls. All species, non-buoyant lure restriction.

[]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER


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


WAC 232-28-61900L Exceptions to statewide rules -- 2003 North of Falcon. (03-127)

Legislature Code Reviser 

Register

© Washington State Code Reviser's Office