WSR 04-13-069

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-143 -- Filed June 15, 2004, 5:02 p.m. , effective June 16, 2004, 12:01 a.m. ]


Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900C; 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: These emergency rules are necessary to comply with agreed-to management plans, and are interim until permanent rules take effect.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: June 15, 2004.

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900R   Exceptions to statewide rules -- 2004 North of Falcon.   Notwithstanding the provisions of WAC 232-28-619, it is unlawful to violate the following provisions, provided that unless otherwise amended all permanent rules remain in effect:

Baker River (Skagit County): Mouth to Highway 20 Bridge: Salmon: Open only July 1 through July 31, except closed from 12:01 a.m. July 6 through 2:00 p.m. July 7, and from 12:01 a.m. July 12 through 2:00 p.m. July 13. Daily limit two sockeye only.

Bogachiel River (Clallam County), from mouth to Olympic National Park boundary: Salmon: Open July 1 until further notice, from mouth to Highway 101 Bridge. Daily limit six fish of which no more than two may be adult salmon. Release wild adult coho and unmarked adult chinook. Unmarked chinook are those chinook with intact adipose and ventral fins.

Calawah River (Clallam County), from mouth to forks: Salmon: Open July 1 until further notice, from mouth to Highway 101 Bridge. Daily limit six fish of which no more than two may be adult salmon. Release wild adult coho and unmarked adult chinook. Unmarked chinook are those chinook with intact adipose and ventral fins.

Cedar River (King County): immediately until further notice, selective gear rules for all species.

Dickey River (includes all forks) (Clallam County): Salmon: Open July 1 until further notice, from mouth to East Fork Dickey, outside Olympic National Park. Daily limit six fish of which no more than two may be adult salmon. Release wild adult coho and unmarked adult chinook. Unmarked chinook are those chinook with intact adipose and ventral fins.

Elwha River (Clallam County): From mouth to two hundred feet below the south spillway on the Aldwell Lake Dam: Open immediately until further notice, except closed - mouth to marker at outfall of rearing channel at about river mile 3.2. Trout: Minimum length fourteen inches.

Johns River, from mouth upstream, including North and South Forks (Grays Harbor County): Open immediately until further notice. Single point barbless hooks required August 16 until further notice, from mouth to Ballon Creek. Trout: Minimum length fourteen inches.

Naselle River (Pacific/Wahkiakum counties), from Highway 101 Bridge upstream including all forks: Closed waters: Area from four hundred feet below falls in Sec. 6, T10N, R8W (Wahkiakum County) to falls, and waters from two hundred feet upstream of the Naselle Salmon Hatchery water supply intake barrier to four hundred feet downstream of the entrance to the Naselle Salmon Hatchery adult attraction channel.

Newaukum River, main river and South Fork upstream to Highway 508 Bridge near Kearny Creek (Lewis County): Open immediately until further notice. Night closure and single point barbless hooks required August 16 until further notice from mouth to Leonard Road near Onalaska. Trout: Minimum length fourteen inches mouth to Highway 508 Bridge near Kearny Creek.

Nooksack River (Whatcom County), from mouth to forks, Middle Fork to Dam and North Fork to Nooksack Falls: Open immediately until further notice except closed in mainstem from yellow marker at the FFA high school barn in Deming to confluence of the North and South Forks. Nonbuoyant lure restriction and night closure August 1 until further notice on mainstem and North Fork to Maple Creek. Trout: Minimum length fourteen inches.

Puyallup River (Pierce County): Effective August 1 until further notice, from mouth to the Electron power plant outlet, it is unlawful to fish for salmon.

Quillayute River (Clallam County): Salmon: Open immediately until further notice. Daily limit six fish of which no more than two may be adult salmon. Release wild adult coho and unmarked adult chinook. Unmarked chinook are those chinook with intact adipose and ventral fins.

Skagit River (Skagit/Whatcom counties): From Gilligan Creek to Bacon Creek: Open June 1 until further notice, except closed immediately through June 30 and August 1 until further notice between a line 200 feet above the east bank of the Baker River to a line 200 feet below the west bank of the Baker River.

Skokomish River (Mason County), mouth to forks: Open immediately until further notice, except closed August 1 until further notice from mouth to Highway 101. All game fish: Release all fish except that up to two hatchery steelhead per day may be retained. Effective August 1 until further notice, it is unlawful to fish for salmon.

Skykomish River (Snohomish County): Open June 16 through July 31 from Lewis Street Bridge in Monroe to Wallace River. Daily limit two hatchery chinook only.

Snohomish River (Snohomish County), including all channels, sloughs, and interconnected waterways, but excluding all tributaries: Selective gear rules August 1 until further notice. Salmon: Open only August 1 until further notice. Daily limit two pink only.

Sol Duc River (Clallam County): Salmon: Open immediately until further notice from mouth to concrete pump station. Daily limit six fish of which no more than two may be adult salmon. Release wild adult coho and unmarked adult chinook. Unmarked chinook are those chinook with intact adipose and ventral fins.

[]


REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. June 16, 2004:


WAC 232-28-61900C Exceptions to statewide rules -- 2004 North of Falcon (04-87)

Legislature Code Reviser 

Register

Washington State Code Reviser's Office