WSR 04-09-103

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-84 -- Filed April 20, 2004, 4:48 p.m. ]

Date of Adoption: April 20, 2004.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900W and 232-28-61900A; 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: Based on a predicted return of spring chinook to the Snake River that is above the ten year average return rate, there are sufficient numbers of hatchery origin fish, to open this Snake River fishery. This opportunity will be limited based upon potential impacts to wild 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

April 20, 2004

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900A   Exceptions to statewide rules--Snake River.   Notwithstanding the provisions of WAC 232-28-619:

(1) Effective immediately through May 31, 2004, in those waters of the Snake River from Texas Rapids boat launch upstream to the Corps of Engineers boat launch, approximately one mile upstream of Little Goose Dam on the south bank of the river, and those waters from the mouth of Wawawai Creek (about 3 miles upstream of Lower Granite Dam) to Red Wolf Bridge in Clarkston, it is lawful to fish for and possess salmon. Daily limit of two hatchery chinook salmon, minimum size 12 inches in length.

(a) It is unlawful to use barbed hooks when fishing for all species.

(b) It is unlawful to use any hook larger than 5/8 inch (point of hook to shank) when fishing for all species.

(c) Night closure is in effect.

(2) Effective April 24 through May 31, 2004, in those waters of the Snake River from Southway Bridge crossing the Snake River at Lewiston/Clarkston upstream to the Heller Bar concrete boat ramp below the confluence of the Grande Ronde River, it is lawful to fish for and possess salmon. Daily limit of two hatchery chinook salmon, minimum size 12 inches in length.

(a) It is unlawful to use barbed hooks when fishing for all species.

(b) It is unlawful to use any hook larger than 5/8 inch (point of hook to shank) when fishing for all species.

(c) Night closure is in effect.

[]


REPEALER


The following section of the Washington Administrative Code is repealed:


WAC 232-28-61900W Exceptions to statewide rules -- Snake River. (04-75)

The following section of the Washington Administrative Code is repealed effective June 1, 2004:


WAC 232-28-61900A Exceptions to statewide rules -- Snake River.

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