WSR 97-09-008

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-62--Filed April 4, 1997, 3:10 p.m., effective April 16, 1997, 12:01 a.m.]

Date of Adoption: April 4, 1997.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-57-160, 220-57-290, and 220-57-319.

Statutory Authority for Adoption: RCW 75.08.080.

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: Harvestable numbers of salmon are available in the Columbia and Icicle rivers for a recreational fishery. Area and daily limit restrictions are necessary to ensure escapement need are met. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 3, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: April 16, 1997, 12:01 a.m.

April 4, 1997

Dirk Brazil

for Bern Shanks

Director

NEW SECTION

WAC 220-57-16000I Columbia River. Notwithstanding the provisions of WAC 220-57-160, effective May 1 through July 31, 1997: Special daily limit of two salmon greater than 12 inches in length in those waters of the Columbia River from marker 1/2 mile above Spring Creek (Ringold Hatchery rearing pond outlet) downstream to markers 1/4 mile below the Ringold wasteway outlet. Bank fishing only on the hatchery side of the river only.

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NEW SECTION

WAC 220-57-29000U Icicle River (Creek) Notwithstanding the provisions of WAC 220-57-290, effective May 8 through June 8, 1997: Special daily limit of one salmon greater than 12 inches in length or one hatchery steelhead in those waters of Icicle River (Creek) from boundary markers at the mouth of the Icicle upstream to 400 feet below Leavenworth National Fish rack. Nonbuoyant lure and night closure restrictions apply to the fishery provided for in this section.

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NEW SECTION

WAC 220-57-31900M Lewis River. Notwithstanding the provisions of WAC 220-57-319:

(1) Effective April 16 through July 31, 1997 it shall be unlawful to take, fish for or possess salmon in those waters of the Lewis River (North Fork) from a line from the mouth of Johnson Creek to a boundary marker on the opposite shore upstream to the overhead powerlines below Merwin Dam.

(2) Effective April 16 through July 31, 1997 special daily limit of one salmon greater than 12 inches in length in those waters of the Lewis River (North Fork) from the mouth upstream to a line from the mouth of Johnson Creek to a boundary marker on the opposite shore.

(3) Effective April 16 through July 31, 1997 special daily limit of one salmon greater than 12 inches in length in those waters of the mainstem Lewis River from boundary markers at the mouth upstream to the mouth of the East Fork Lewis River.

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