WSR 04-16-021

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-184 -- Filed July 26, 2004, 2:55 p.m. , effective August 1, 2004. ]


     

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900R; 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 allowance for fishing from a motorized boat on the Snohomish River which is an exception to the "Selective Gear Rules" regulation which was inadvertently omitted from the sport rules process. This is an agreement from the North of Falcon discussions. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: July 26, 2004.

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900F   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:

     Bogachiel River (Clallam County), from mouth to Olympic National Park boundary: Salmon: Open immediately 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 immediately 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 immediately 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 immediately until further notice, except closed 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.

     Snohomish River (Snohomish County), including all channels, sloughs, and interconnected waterways, but excluding all tributaries: Salmon: Open August 1 through August 31. Daily limit two pink only. Selective gear rules in effect, except it is lawful to fish from a floating device equipped with a motor (free drifting or under power) in those waters of the Snohomish River from the mouth upstream to the confluence of the Skykomish and Snoqualmie Rivers.

     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.

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REPEALER

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


WAC 232-28-61900R Exceptions to statewide rules -- 2004 North of Falcon. (04-143)

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