WSR 98-19-071
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 98-197--Filed September 18, 1998, 4:58 p.m., effective September 21, 1998, 12:01 a.m.]
Date of Adoption: September 18, 1998.
Purpose: Personal use rules.
Citation of Existing Rules Affected by this Order: Amending WAC 220-57-160.
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: Sport fishery closure for chinook is necessary in order to remain within the limits of the Endangered Species Act for Snake River wild fall chinook of 24.71% of the return to the Columbia River. It is projected that if the sport fishery were to continue after September 20 and the tribal fishery were to continue until fall chinook allocation is achieved that the harvest rate on Snake River wild fall chinook would be exceeded. Closure of the sport fishery on September 20, 1998, would allow the tribal fishery to reach the fall chinook allocation, and impacts in all non-Indian fisheries would remain within the 24.71% harvest rate level. This regulation is consistent with joint Washington/Oregon state action of September 18, 1998. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: September 21, 1998, 12:01 a.m.
September 18, 1998
Larry W. Peck
Acting Director
NEW SECTION
WAC 220-57-16000P Columbia River. Notwithstanding the provisions of WAC 220-57-160, effective 12:01 a.m. September 21, 1998 until further notice, it is unlawful to fish for or possess chinook salmon from those waters of the Columbia River downstream of the Highway 395 Bridge at Pasco to the Megler-Astoria Bridge.
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