WSR 98-12-085

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-96--Filed June 2, 1998, 11:58 a.m.]



Date of Adoption: June 2, 1998.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-57-31900Q and 232-28-61900H; and amending WAC 220-57-319 and 232-28-619.

Statutory Authority for Adoption: RCW 75.08.080 and 77.12.040.

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 spring chinook escapement goal at the Lewis River Hatchery is projected to be achieved. There are harvestable numbers of spring chinook available. Game fish closure was in effect to protect salmon, and is no longer warranted. Game fish closure on the Cowlitz River during times and areas of high salmon concentrations and abundance. Selective fishery regulations in the upper Kalama River protect wild summer steelhead. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, amended 0, repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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

June 2, 1998

Bern Shanks

Director



NEW SECTION



WAC 220-57-31900R  Lewis River. Notwithstanding the provisions of WAC 220-57-319, effective 12:01 a.m. June 2, 1998 through July 31, 1998 is it is lawful to fish for and possess salmon in those waters of the Lewis River from Merwin Dam downstream to the mouth. Daily limit is six salmon of which two may be adults. Minimum size is 12 inches in length.



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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 11:59 p.m. June 1, 1998:



WAC 220-57-31900Q Lewis River. (98-26)



NEW SECTION



WAC 232-28-61900P  Regional exceptions to permanent game fish rules. Notwithstanding the provisions of WAC 232-28-619:

1) Effective 12:01 a.m. June 2, through July 31, 1998, it is lawful to fish for game fish in waters of the North Fork Lewis River from Johnson Creek upstream to Colvin Creek.

2) Effective immediately through June 15, 1998, it is unlawful to fish for game fish from the south side of the Cowlitz River from the Barrier Dam to a line from the mouth of Mill Creek to a boundary marker on the opposite shore.

3) Effective immediately until further notice, in those waters of the Kalama River from 1,000 feet above the fishway at the Kalama Falls Hatchery upstream to Summers Creek, selective fishery regulations are in effect for all species.



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REPEALER



The following section of the Washington Administrative Code is repealed effective 11:59 p.m. June 1, 1998:



WAC 220-28-61900H Regional exceptions to permanent game fish rules. (98-30)



Reviser's note: The section above appears as filed by the agency pursuant to RCW 34.08.040; however, the reference to WAC 220-28-61900H is probably intended to be WAC 232-28-61900H.

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