WSR 05-17-121

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-182 -- Filed August 17, 2005, 4:52 p.m. , effective August 20, 2005, 12:01 a.m. ]


Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900P; and amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 77.12.240.

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 upper Columbia River summer chinook return is very strong with 22,000 fish passing Wells Dam as of July 29. Escapement exceeds hatchery broodstock and wild broodstock spawning needs and there is a harvestable surplus. The stocks are stable, not listed under ESA and the expanded fishery has been deemed by NMFS not likely to have a negative impact on ESA-listed Okanogan basin steelhead. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 17, 2005.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900P   Exceptions to statewide rules -- Okanogan and Similkameen rivers.   Notwithstanding the provisions of WAC 232-28-619, effective August 20 through September 30, 2005, it is lawful to fish the following waters:

(1) Okanogan River (Okanogan Co.) Those waters from the Highway 97 bridge near the mouth to the railroad trestle (bridge) downstream of the Lake Osoyoos Control Dam in Oroville. Daily limit of six salmon, no more than two adults. Release all coho and sockeye. Night closure and non-buoyant lure restriction in effect. Statewide gamefish rules are in effect, except release all trout.

(2) Similkameen River (Okanogan County) Those waters from the confluence with the Okanogan River upstream to the county road bridge in Oroville. Daily limit of six salmon, no more than two adults. Release all coho and sockeye. Night closure and non-buoyant lure restriction in effect. Release all fish except salmon.

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Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER

The following section of the Washington Administrative Code is repealed effective 11:59 pm., September 30, 2005:


WAC 220-28-61900P Exceptions to statewide rules -- Okanogan and Similkameen rivers (05-182)

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office