WASHINGTON STATE REGISTER

WSR 08-05-080

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-25 -- Filed February 13, 2008, 3:45 p.m. , effective February 16, 2008 ]

Effective Date of Rule: February 16, 2008.

Purpose: Amend fishing 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 2007/2008 wild winter steelhead run for the Skagit River system is forecasted to be 84% of wild steelhead escapement requirements. Selective gear rules will allow harvestable hatchery steelhead to be caught and kept. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 13, 2008.

Phil Anderson

for Jeff Koenings

Director

NEW SECTION
WAC 232-28-61900B Exceptions to statewide rules -- Skagit River, Sauk River, Cascade River, and Fisher Slough Notwithstanding the provisions of WAC 232-28-619, effective February 16, 2008 it is unlawful to violate the following provisions in the following waters:

(1) Skagit River:

• From mouth upstream to the Memorial Highway Bridge (Highway 536 at Mt. Vernon) effective 12:01 a.m. February 16, 2008 until 11:59 p.m. February 29, 2008. Selective gear rules apply, except it is lawful to fish from a floating device equipped with an internal combustion motor. All species: Release all fish except up to two hatchery steelhead may be retained.

• From Memorial Highway Bridge (Highway 536 at Mt. Vernon) upstream to Gilligan Creek: effective 12:01 a.m. February 16, 2008 until 11:59 p.m. March 15, 2008. Selective gear rules apply, except it is lawful to fish from a floating device equipped with an internal combustion motor. All species: Release all fish, except up to two hatchery steelhead may be retained.

• From Gilligan Creek to Dalles Bridge at Concrete River effective 12:01 a.m. February 16, 2008 until 11:59 p.m. March 15, 2008. Selective gear rules apply, except it is lawful to fish from a floating device equipped with an internal combustion motor. All species: Release all fish, except up to two hatchery steelhead may be retained.

• From the Dalles Bridge at Concrete to the Highway 530 Bridge at Rockport effective 12:01 a.m. February 16, 2008 until 11:59 p.m. March 31, 2008. Selective gear rules apply, except it is lawful to fish from a floating device equipped with an internal combustion motor. All species: Release all fish, except up to two hatchery steelhead may be retained. Closed to all fishing April 1, 2008 through April 30, 2008.

• From the Highway 530 Bridge at Rockport to the Cascade River effective 12:01 a.m. February 16, 2008 until 11:59 p.m. March 31, 2008. Selective gear rules apply, except it is lawful to fish from a floating device equipped with an internal combustion motor. Unlawful to fish from a floating device while under power. All species: Release all fish except up to two hatchery steelhead may be retained. Closed to all fishing April 1, 2008 to April 30, 2008.

• From Cascade River to Gorge Powerhouse (Dam) effective 12:01 a.m. February 16, 2008 until 11:59 p.m. March 15, 2008. Selective gear rules apply, except it is lawful to fish from a floating device equipped with an internal combustion motor. Unlawful to fish from a floating device while under power. All species: Release all fish except up to two hatchery steelhead may be retained per day.

(2) Sauk River

• From mouth to the Darrington Bridge effective 12:01 a.m. February 16, 2008 until 11:59 p.m. March 31, 2008. Selective gear rules apply. All species: Release all fish except up to two hatchery steelhead may be retained per day. Closed to all fishing April 1, 2008 to April 30, 2008.

• From the Darrington Bridge to Whitechuck River effective 12:01 a.m. February 16, 2008 until 11:59 p.m. February 29, 2008. Selective gear rules apply. All species: Release all fish except up to two hatchery steelhead may be retained per day.

(3) Cascade River

• From mouth upstream (entire river) effective 12:01 a.m. February 16, 2008 until 11:59 p.m. February 29, 2008. Selective gear rules apply. All species: Release all fish except up to two hatchery steelhead may be retained per day.

(4) Fisher Slough

• From mouth to Highway 530 Bridge effective 12:01 a.m. February 16, 2008 until 11:59 p.m. May 31, 2008. Selective gear rules apply. All species: Release all fish except up to two hatchery steelhead may be retained per day.

[]

•	From mouth upstream to the Memorial Highway Bridge (Highway 536 at Mt. Vernon) effective 12:01 a.m. February 16, 2008 until 11:59 p.m. February 29, 2008. Selective gear rules apply, except it is lawful to fish from a floating device equipped with an internal combustion motor. All species: Release all fish except up to two hatchery steelhead may be retained.
•	From Memorial Highway Bridge (Highway 536 at Mt. Vernon) upstream to Gilligan Creek: effective 12:01 a.m. February 16, 2008 until 11:59 p.m. March 15, 2008. Selective gear rules apply, except it is lawful to fish from a floating device equipped with an internal combustion motor. All species: Release all fish, except up to two hatchery steelhead may be retained.
•	From Gilligan Creek to Dalles Bridge at Concrete River effective 12:01 a.m. February 16, 2008 until 11:59 p.m. March 15, 2008. Selective gear rules apply, except it is lawful to fish from a floating device equipped with an internal combustion motor. All species: Release all fish, except up to two hatchery steelhead may be retained.
•	From the Dalles Bridge at Concrete to the Highway 530 Bridge at Rockport effective 12:01 a.m. February 16, 2008 until 11:59 p.m. March 31, 2008. Selective gear rules apply, except it is lawful to fish from a floating device equipped with an internal combustion motor. All species: Release all fish, except up to two hatchery steelhead may be retained. Closed to all fishing April 1, 2008 through April 30, 2008.
•	From the Highway 530 Bridge at Rockport to the Cascade River effective 12:01 a.m. February 16, 2008 until 11:59 p.m. March 31, 2008. Selective gear rules apply, except it is lawful to fish from a floating device equipped with an internal combustion motor. Unlawful to fish from a floating device while under power. All species: Release all fish except up to two hatchery steelhead may be retained. Closed to all fishing April 1, 2008 to April 30, 2008.
•	From Cascade River to Gorge Powerhouse (Dam) effective 12:01 a.m. February 16, 2008 until 11:59 p.m. March 15, 2008. Selective gear rules apply, except it is lawful to fish from a floating device equipped with an internal combustion motor. Unlawful to fish from a floating device while under power. All species: Release all fish except up to two hatchery steelhead may be retained per day.

•	From mouth to the Darrington Bridge effective 12:01 a.m. February 16, 2008 until 11:59 p.m. March 31, 2008. Selective gear rules apply. All species: Release all fish except up to two hatchery steelhead may be retained per day. Closed to all fishing April 1, 2008 to April 30, 2008.
•	From the Darrington Bridge to Whitechuck River effective 12:01 a.m. February 16, 2008 until 11:59 p.m. February 29, 2008. Selective gear rules apply. All species: Release all fish except up to two hatchery steelhead may be retained per day.

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