WSR 05-10-050

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-77 -- Filed April 29, 2005, 3:20 p.m. , effective May 1, 2005, 12:01 a.m. ]


Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: 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 department is in the process of adopting permanent rules that are necessary to implement the personal use fishing plans agreed-to with resource comanagers at the North of Falcon proceedings. These interim personal use rules are necessary to cover the time period until those permanent rules become effective.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 29, 2005.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900U   Exceptions to statewide rules -- 2005 North of Falcon.   Effective May 1, 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:

(1) Camas Slough (Clark County): Defined as those waters outside of the mouth of the Washougal River, north of Lady Island, and downstream of the Highway 14 Bridge at the upstream end of Lady Island. Same rules as Columbia River from I-5 Bridge to Bonneville Dam.

(2) Columbia River:

(i) In the Columbia River between Washington and Oregon, the license of either state is valid. Anglers must comply with the fishing regulations of the state in which they are fishing. This provision does not allow an angler licensed in Oregon to fish on the Washington shore, or in the sloughs or tributaries in Washington, except Camas Slough, where the license of either state is valid when fishing from a floating device.

(ii) From the Rocky Point - Tongue Point line to the I-5 Bridge: Salmon: Open May 16 until further notice. May 16 through June 15 daily limit 6 hatchery jack chinook. June 16 through July 31, daily limit 6 fish of which no more than 2 may be adult salmon. Release sockeye. August 1 until further notice, daily limit 6 fish of which no more than 2 may be adult salmon, but not more than 1 adult chinook. Release chum, sockeye, and wild coho.

(iii) From the I-5 Bridge to the Highway 395 Bridge at Pasco: Salmon: Open June 16 until further notice. June 16 through July 31, daily limit 6 fish of which no more than 2 may be adult salmon. Release sockeye. August 1 until further notice, daily limit 6 fish of which no more than 2 may be adult salmon. Release chum and sockeye, release wild coho downstream of Bonneville Dam. August 1 until further notice, daily limit may contain not more than 1 adult chinook downstream from Bonneville Dam.

(iv) From the Highway 395 Bridge at Pasco to the old Hanford townsite (wooden towers) powerline crossing, in Sec. 30, T13N, R28E except Ringold Hatchery waters: Salmon: Open June 16 through July 31 and August 16 until further notice. Daily limit 6 fish of which no more than 2 may be adult salmon. Release sockeye June 16 through July 31.

(v) From the old Hanford townsite (wooden towers) powerline crossing in Sec. 30, T13N, R28E, to Vernita Bridge, (Highway 24): Salmon: Open June 16 through July 31 and August 16 until further notice. Daily limit 6 fish of which no more than 2 fish may be adult salmon. Release sockeye June 16 through July 31.

(vi) From Vernita Bridge (Highway 24) to Priest Rapids Dam: Salmon: Open June 16 through July 31 and August 16 until further notice. Daily limit 6 fish of which no more than 2 may be adult salmon. Release sockeye June 16 through July 31.

(3) Lewis River, North Fork (Clark/Skamania counties): From mouth to overhead powerlines at Merwin Dam: When nonbuoyant lure restrictions are in effect, only fish hooked inside the mouth may be retained.

(4) Washougal River (Clark County): From mouth to bridge at Salmon Falls: When nonbuoyant lure restrictions are in effect, only fish hooked inside the mouth may be retained.

(5) Wind River (Skamania County): Mouth to source, including all tributaries: When nonbuoyant lure restrictions are in effect, only fish hooked inside the mouth may be retained.

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Washington State Code Reviser's Office