WSR 07-20-015

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-227 -- Filed September 21, 2007, 2:48 p.m. , effective September 22, 2007, 12:01 a.m. ]


Effective Date of Rule: September 22, 2007, 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: Lower Columbia fall chinook hatchery returns are behind schedule and brood stock goals are not being met. Stream surveys and creel sampling also indicate no large numbers of fall chinook present in several lower Columbia streams at this time. Other Columbia chinook stocks are returning below preseason forecasts and low stream flows are adding concerns for hatchery and wild tule fall chinook escapement. Wild fall chinook tules are listed as "threatened" under the Endangered Species Act. This rule change will also promote conservation by reducing snagging. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 21, 2007.

Loreva M. Preuss

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900Z   Exceptions to statewide rules -- Cowlitz, Elochoman, Green, Kalama, Lewis, North Fork Lewis, North Fork Toutle, Toutle and Washougal rivers.   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. September 22, 2007, until further notice, it is unlawful to retain Chinook salmon in the following waters:

(1) Cowlitz River (Cowlitz/Lewis Co.)

(2) Elochoman River (Wahkiakum Co.)

(3) Green River (Cowlitz Co.)

(4) Kalama River (Cowlitz Co.)

(5) Lewis River (Clark/Cowlit Co.)

(6) North Fork Lewis River (Clark Cowlitz Co.)

(7) North Fork Toutle River (Cowlitz Co.)

(8) Toutle River (Cowlitz Co.)

(9) Washougal River (Clark Co.)

[]

Reviser's note: The spelling 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