WSR 04-03-047

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-07 -- Filed January 15, 2004, 3:40 p.m. , effective January 21, 2004, 12:01 a.m. ]


     Date Adopted: January 15, 2004.

     Purpose: Amend personal use rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900G; 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: Returns of winter steelhead to local hatcheries have been well below normal for this time of year. The closure is necessary to protect adult hatchery fish holding near the hatchery until they can be trapped for brood stock needs. If egg take needs are assured prior to the February closing date the area will be reopened to fishing for game fish. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 21, 2004, 12:01 a.m.

January 15, 2004

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900G   Exceptions to statewide rules--Cascade River, Skykomish River, Snoqualmie River, Wallace River and Tokul Creek.   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. January 21, 2004 through February 29, 2004 the following waters are closed to the fishing for game fish:

     (1) Cascade River (Skagit County) from the mouth upstream to the Rockport Cascade road bridge.

     (2) Skykomish River (Snohomish County) from 1,500 feet upstream to 1,000 feet downstream of Reiter Ponds outlet.

     (3) Snoqualmie River (King County) Mainstem Snoqualmie from the Plum access boat launch (located approximately 1/4 mile downstream of the mouth of Tokul Creek) upstream to Snoqualmie Falls.

     (4) Wallace River (Snohomish County) from the railroad trestle (downstream of Highway 2 bridge) upstream to the mouth of Olney Creek.

     (5) Tokul Creek (King County) from its mouth to the posted cable boundary marker (approximately 700 feet upstream of the mouth).

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. March 1, 2004:


WAC 232-28-61900G Exceptions to statewide rules--Cascade River, Skykomish River, Snoqualmie River, Wallace River and Tokul Creek