WSR 09-11-024

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-76 -- Filed May 8, 2009, 3:48 p.m. , effective May 8, 2009, 3:48 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900B; and 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 hatchery adult sport limit was previously reduced to one fish on the Kalama and Lewis rivers. To date only a few dozen hatchery adult spring chinook have entered the traps on the Lewis River and only two for the Kalama River. The hatchery brood stock goal is five hundred fish for the Kalama and one thousand two hundred fifty for the Lewis River. Based upon recent year return timing, the goal may not be met even with a reduced daily limit. 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 emergency rules are necessary to comply with agreed-to management plans, and are interim until permanent rules take effect.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 8, 2009.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900V   Exceptions to statewide rules -- 2009 North of Falcon.   Notwithstanding the provisions of WAC 232-28-619, effective immediately until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:

(1) Cowlitz River (Cowlitz/Lewis Co.) from boundary markers at mouth to 400' below Mayfield Dam powerhouse: Salmon: Effective August 1 until further notice, daily limit 6 fish, of which no more than 2 may be adult Chinook. Release all salmon other than Chinook and hatchery coho. Release wild Chinook jacks.

(2) Deep River (Wahkiakum Co.) from mouth to town bridge: Salmon: Effective August 1 until further notice, daily limit 6 fish, of which no more than 2 may be adult Chinook. Release wild coho and chum.

(3) Elochoman River (Wahkiakum Co.) from mouth to West Fork:

a) Salmon: Open first Saturday in June through July 31. Daily limit 6 hatchery Chinook. Up to 2 adults may be retained.

b) Salmon: Open August 1 until further notice, daily limit 6 fish, of which no more than 2 may be adult Chinook. Release wild coho, wild Chinook, and chum.

(4) Grays River (Wahkiakum Co.) from mouth to South Fork, and West Fork from mouth to hatchery intake/footbridge:

a) Salmon: Open first Saturday in June through July 31. Daily limit 6 hatchery Chinook. Up to 2 adults may be retained.

b) Salmon: Effective August 1 until further notice, daily limit 6 fish, of which no more than 2 may be adult Chinook. Release wild coho, unmarked Chinook, and chum. Unmarked Chinook are Chinook without either a clipped ventral fin or a clipped adipose fin.

(5) Green River (Cowlitz Co.) from mouth to 2800 Bridge: Salmon: Open August 1 until further notice. Daily limit 6 fish, of which no more than 2 may be adult Chinook. Release wild coho, wild Chinook jacks, and chum.

(6) Kalama River (Cowlitz Co.), from boundary markers at mouth to 1,000 feet below fishway at upper salmon hatchery:

(a) Salmon: Closed May 11 through July 31, 2009.

(b) Effective August 1 until further notice, daily limit 6 fish, of which no more than 2 may be adult Chinook. Release wild coho, wild Chinook, and chum.

(c) Electric motors are allowed on those waters upstream from the Modrow Bridge.

(7) Klickitat River (Klickitat Co.), from mouth to Fisher Hill Bridge, and from 400' upstream from #5 fishway to boundary markers below Klickitat Salmon Hatchery: Salmon: Effective August 1 until further notice, daily limit 6 fish, of which no more than 2 may be adult Chinook.

(8) Lewis River (Clark/Cowlitz Co.), from mouth to forks:

(a) Salmon: Closed May 11 through July 31, 2009.

(b) Salmon: Effective August 1 until further notice, daily limit 6 fish, of which no more than 2 may be adult hatchery Chinook. Release all salmon other than hatchery Chinook and hatchery coho.

(9) Lewis River, North Fork (Clark/Cowlitz Co.) from mouth to Colvin Creek:

(a) Salmon: Closed May 11 through July 31, 2009.

(b) Salmon: Effective August 1 until further notice, daily limit 6 fish, of which no more than 2 may be adult hatchery Chinook. Release all salmon other than hatchery Chinook and hatchery coho.

(c) Fishing from any floating device permitted from Johnson Creek to Colvin Creek.

(10) Lewis River, North Fork (Clark/Cowlitz Co.) from Colvin Creek to overhead powerlines below Merwin Dam:

(a) Salmon: Closed May 11 through July 31, 2009.

(b) Salmon: Effective August 1 until further notice, daily limit 6 fish, of which no more than 2 may be adult hatchery Chinook. Release all salmon other than hatchery Chinook and hatchery coho.

(c) Fishing from any floating device permitted from Colvin Creek upstream.

(11) Tilton River (Lewis Co.) from mouth to West Fork: Salmon: Open first Saturday in June through July 31. Minimum size 8 inches. Daily limit 6 fish, of which 2 may be adults. Release wild coho.

(12) Toutle River (Cowlitz Co.) from mouth to forks: Salmon: Open August 1 until further notice. Daily limit 6 fish, of which no more than 2 may be adult Chinook. Release wild coho, wild Chinook jacks, and chum.

(13) Toutle River, North Fork (Cowlitz Co.) from mouth to posted deadline downstream of the fish collection facility: Salmon: Open August 1 until further notice. Daily limit 6 fish, of which no more than 2 may be adult Chinook. Release wild coho, wild Chinook jacks, and chum.

(14) Washougal River (Clark Co.) from mouth to Salmon Falls Bridge: Salmon: Open August 1 until further notice. Daily limit 6 fish, of which no more than 2 may be adult Chinook. Release wild coho, wild Chinook jacks, and chum.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900B Exceptions to statewide rules -- Kalama and Lewis rivers. (09-24)

Washington State Code Reviser's Office