WSR 98-14-037

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-109--Filed June 24, 1998, 8:26 a.m.]



Date of Adoption: June 23, 1998.

Purpose: Commercial fishing rules--Subsistence.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05500P; and amending WAC 220-32-055.

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: Opens the Klickitat River to spring chinook subsistence fishing. Klickitat Hatchery is expected to achieve its production needs for spring chinook. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Immediately.

June 23, 1998

Larry Peck

for Bern Shanks

Director



NEW SECTION



WAC 220-32-05500Q  Columbia River tributaries - Subsistence Notwithstanding the provisions of WAC 220-32-055, effective immediately until further notice, it is unlawful for a person possessing treaty fishing rights under the Yakima treaty to take or possess salmon taken for subsistence purposes from the Klickitat River, Icicle River, and Ringold in the Columbia River except under the following provisions:

1) In the Klickitat River from the site of the former Swinging Bridge (RM 1.5) upstream to Fishway Number 5 (RM 2.2), fishing is allowed from noon Wednesday to 6 p.m. Saturday each week effective June 24 until further notice.

2) In the Columbia River from the marker located approximately 1/2 mile upstream of Spring Creek (Ringold Hatchery rearing pond outlet) downstream to a boundary marker approximately 1/4 mile downstream of Ringold wasteway outlet, fishing is allowed from 6 a.m. Monday to 6 p.m. Saturday, weekly effective immediately until July 25.

3) In the Icicle River where it borders the property of the Leavenworth National Fish Hatchery, fishing is allowed from 9:00 p.m. Wednesdays to noon Saturdays, weekly effective immediately until July 4.

4) allowable gear:

Dipnets, setbag nets, or rod and reel with bait or lures. Any other fishing methods, such as snagging of fish, are unlawful.

5) other rules:

It shall be unlawful to place fishing platforms, or to take, molest, injure, or fish for salmon and steelhead within 25 feet of the dam or any fish ladder, fishway, or fish bypass pipes. Fishing is not allowed from boats or any other floating devices, except in the Wind River.



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REPEALER



The following section of the Washington Administrative Code is repealed:



WAC 220-32-05500P Columbia River tributaries--Subsistence. (98-98)

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