Date Adopted: December 18, 2003.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900E; 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: The cumulative wild steelhead impacts, allowed under the NOAA ESA permit for the mainstem Columbia River and Methow River, are anticipated to be reached by December 21, 2003. The Okanogan River and Similkameen River marked hatchery-origin steelhead fisheries that were approved by NOAA fisheries in October 2003, may continue. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 21, 2003.

December 18, 2003

J. P. Koenings

Director

by Larry Peck

     (1) Columbia River from Highway 395 Bridge at Pasco to the Old Hanford townsite wooden power line towers - Open only through December 31, 2003, special daily limit of six salmon, no more than four adults.

     (2) Columbia River from Highway 395 Bridge at Pasco to the Old Hanford townsite wooden power line towers upstream of Ringold Springs Rearing Facility - Open only through March 31, 2004, to fish for and possess up to two hatchery steelhead per day.

     (3) Methow River - Mouth upstream to the confluence with the Chewuch River. Whitefish gear rules apply.

     (4) Okanogan River - Open only through March 31, 2004, from mouth upstream, except closed from Zosel Dam downstream to one-quarter mile below railroad trestle. Selective gear rules except lawful to fish from motorized vessels. Night closure. Daily limit may contain up to two adipose fin-clipped steelhead.

     -- Except: Effective February 16, 2004 until further notice, the area from the Highway 97 Bridge at Omak to a line across the river 500 feet above the mouth of Omak Creek, closed to fishing.

     (5) Similkameen River - Open only through March 31, 2004, from mouth to 400 feet below Enloe Dam. Selective gear rules. Night closure. Daily limit may contain up to two adipose fin-clipped steelhead.

[]

     The following section of the Washington Administrative Code is repealed one hour after sunset December 21, 2003:

WAC 232-28-61900E

Exceptions to statewide rules -- Columbia, Methow, Okanogan and Similkameen rivers. (03-290)