WSR 08-18-054

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-220 -- Filed August 29, 2008, 4:51 p.m. , effective September 1, 2008 ]


     Effective Date of Rule: September 1, 2008.

     Purpose: Amend personal use 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: Under the recently developed conservation and sustainable fishery management plan, fall chinook will no longer be released into the Elochoman as a measure to provide a sanctuary for wild fish. In addition, fewer fall chinook will be released into the Toutle system. Returning chinook to both tributaries are available for harvest this fall. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 29, 2008.

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900Y   Exceptions to statewide rules -- Elochoman and Toutle rivers.   Notwithstanding the provisions of WAC 232-28-619:

     (1) Effective September 1, 2008, until further notice, a person may fish for salmon in those waters of the Elochoman River from the mouth to the West Fork. Special daily limit of six salmon of which 4 may be adults, except two of the adults may be Chinook. Release wild Chinook jacks. Release wild coho and all other salmon. Beginning October 1, release adult Chinook from the Hwy. 4 Bridge upstream.

     (2) Effective September 1 through November 30, 2008, a person may fish in those waters of the Green River from the mouth to the 2800 Bridge. Special daily limit of six salmon of which 4 may be adults, except one of the adults may be Chinook. Release wild Chinook jacks. Release wild coho and all other salmon. Beginning October 1, release adult Chinook.

     (3) Effective September 1 through November 30, 2008, a person may fish in those waters of the North Fork Toutle River from the mouth to deadline downstream of the fish collection facility. Special daily limit of six salmon of which 4 may be adults, except one of the adults may be Chinook. Release wild Chinook jacks. Release wild coho and all other salmon. Beginning October 1, release adult Chinook from Kidd Valley Bridge near Hwy. 504 upstream.

     (4) Effective September 1 through November 30, 2008, a person may fish in those waters of the Toutle River from the mouth to the forks. Special daily limit of six salmon of which 4 may be adults, except one of the adults may be Chinook. Release wild Chinook jacks. Release wild coho and all other salmon.

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