WSR 11-21-057

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-279 -- Filed October 13, 2011, 4:46 p.m. , effective October 13, 2011, 4:46 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend recreational fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900Y; 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 2011 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 13, 2011.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900Y   Washington food fish and game fish -- Freshwater exceptions to statewide rules.   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 (Cowlitz/Lewis Co.):

a) From the mouth to Mayfield Dam: Effective immediately until further notice, daily limit is 6 salmon, of which no more than 2 adult Chinook may be retained. Only hatchery Chinook and hatchery coho may be retained.

b) From Mill Creek to the Hatchery Barrier Dam: Effective immediately until further notice, anti-snagging rule and night closure are in effect. When the anti-snagging rule is in effect, only fish hooked inside the mouth may be retained.

c) From the posted PUD sign on Peters Road to the mouth of Ohanapecosh River and the mouth of Muddy Fork: Anti-snagging rules and night closure are in effect immediately through October 31, 2011, for all species. When anti-snagging rule is in effect, only fish hooked in the mouth may be retained.

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

3. Elochoman River (Wahkiakum Co.): Effective immediately until further notice, closed waters from 200' above the Dept. of Fish and Wildlife temporary weir downstream to Foster (Risk) Road Bridge while weir is installed in the river.

4. Grays River (Wahkiakum Co.):

a) From the mouth to the South Fork: Effective immediately, closed waters from 400' below to 200' above the temporary weir while the weir is installed in the river.

b) From the mouth to Highway 4 Bridge: Open immediately until further notice, anti-snagging rule, night closure and stationary gear restriction are in effect. Salmon: Open immediately until further notice. Daily limit 6 salmon, of which no more than 2 may be adult Chinook. Release chum, wild coho, and unmarked Chinook.

5. Grays River, West Fork (Wahkiakum Co.), downstream from hatchery intake/footbridge:

a) Closed waters from posted markers approximately 300 yards below the hatchery road bridge downstream to the mouth, October 16 until further notice.

b) Open immediately until further notice. Release all fish, except up to 2 hatchery steelhead may be retained per day. Anti-snagging rule, night closure and stationary gear restriction are in effect. Salmon: Open immediately until further notice. Daily limit 6 salmon, of which no more than 2 may be adult Chinook. Release chum, wild coho, and unmarked Chinook.

6. Kalama River (Cowlitz Co.) from boundary markers at mouth to Railroad Bridge below I-5: Effective immediately through October 31, night closure, anti-snagging, and stationary gear rules are rescinded.

7. Lewis River (Clark Co.) from mouth to forks: Effective immediately 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 (Clark/Cowlitz counties) from mouth to Colvin Creek:

a) Effective immediately until further notice, anglers may fish from any floating device from Johnson Creek to Colvin Creek.

b) Effective immediately 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.

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

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

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

12. White Salmon River (Klickitat/Skamania Co.) from mouth to Hwy. 14 Bridge: 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.

13. Wind River (Skamania Co.) from mouth to Hwy. 14 Bridge: 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.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. November 11, 2011:


WAC 232-28-61900Y Exceptions to statewide rules.

Washington State Code Reviser's Office