WSR 11-16-039

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-168 -- Filed July 27, 2011, 2:45 p.m. , effective August 1, 2011 ]


Effective Date of Rule: August 1, 2011.

Purpose: Amend personal use fishing rules.

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

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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 department is in the process of adopting permanent rules that are necessary to implement the personal use fishing plans that were agreed upon with resource comanagers at the North of Falcon proceedings. These emergency rules are necessary to comply with agreed-upon 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 27, 2011.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900E   Exceptions to statewide rules -- Columbia River.   Notwithstanding the provisions of WAC 232-28-619, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:

1. Cowlitz River from Mill Creek to Barrier Dam (Cowlitz/Lewis Co.): Effective immediately until further notice, when the anti-snagging rule is in effect, only fish hooked inside the mouth may be retained.

2. Cowlitz River from boundary markers at mouth to Mayfield Dam (Cowlitz/Lewis counties): Effective August 1, 2011, until further notice, the salmon daily limit is 6 fish, of which no more than 2 adult Chinook may be retained. Only hatchery Chinook and hatchery coho may be retained.

3. Cowlitz River from posted PUD sign on Peters Road to mouth of Ohanapecosh River and mouth of Muddy Fork (Lewis Co.): Anti-snagging rule and night closure in effect September 1 through October 31, 2011, for all species. When anti-snagging rule is in effect, only fish hooked in the mouth may be retained.

4. Delemeter Creek (Cowlitz Co.): Effective immediately until further notice, closed 400' below to 200' above when temporary weirs are installed.

5. Grays River from mouth to South Fork (Wahkiakum Co.): Effective immediately, closed waters from 400' above to 200' above the temporary weir while the weir is installed in the river.

6. Kalama River from boundary markers at mouth to railroad bridge below I-5 (Cowlitz Co.): Effective immediately until further notice, night closure, anti snagging, and stationary gear rules are rescinded.

7. Lewis River from mouth to forks (Clark Co.): Effective October 1, 2011, until further notice, daily limit 6 salmon, of which no more than 2 may be adult Chinook. Release all salmon except Chinook and hatchery coho.

8. Lewis River, North Fork from mouth to Colvin Creek (Clark/Cowlitz counties): Effective immediately until further notice, anglers may fish from any floating device from Johnson Creek to Colvin Creek.

9. Lewis River, North Fork from mouth to Colvin Creek (Clark/Cowlitz counties): Effective October 1, 2011, until further notice, daily limit 6 salmon, of which no more than 2 adult Chinook may be retained. Release all salmon except Chinook and hatchery coho.

10. Olequa Creek (Cowlitz Co.): Effective immediately until further notice, closed 400' below to 200' above when temporary weirs are installed.

11. Salmon Creek (Lewis Co.): Effective immediately until further notice, closed 400' below to 200' above when temporary weirs are installed.

12. Tilton River from mouth to west fork (Lewis Co.): Night closure and anti-snagging rules in effect September 1 through October 31, 2011. When the anti-snagging rule is in effect, only fish hooked inside the mouth may be retained.

13. Washougal River from mouth to Salmon Falls Bridge (Clark Co.): Effective immediately until further notice, closed 400' below to 200' above when temporary weirs are installed.

14. White Salmon River from mouth to Hwy. 14 Bridge (Klickitat/Skamania Co.): Effective immediately until further notice, the daily limit follows the most liberal regulations of the adjacent mainstem Columbia or White Salmon Rivers when both areas are open concurrently for salmon.

15. Wind River from mouth to Hwy. 14 Bridge (Skamania Co.): Effective immediately until further notice, the daily limit follows the most liberal regulations of the adjacent mainstem Columbia or Wind Rivers when both areas are open concurrently for salmon.

[]

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.
REPEALER


The following section of the Washington Administrative Code is repealed effective August 1, 2011:


WAC 232-28-61900H Exceptions to statewide rules. (11-87)

Washington State Code Reviser's Office