WSR 98-20-003
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 98-201--Filed September 24, 1998, 2:08 p.m., effective September 25, 1998, 12:01 a.m.]
Date of Adoption: September 24, 1998.
Purpose: Personal use rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-57-31000Z, 220-57-31900S, and 232-28-61900Y; and amending WAC 220-57-310, 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: Early coho returns to the Lewis and Kalama rivers are projected to be sufficient to provide early coho escapement to all tributaries as well as providing some fish for the expected shortfall in late coho returns. There are harvestable numbers of coho available in these rivers. Fall chinook returns to the Kalama River are sufficient for hatchery broodstock needs as well as providing fish for natural escapement. The closure for trout was in place to protect salmon, and is not needed during open salmon fishing. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 3, amended 0, repealed 3.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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 25, 1998, 12:01 a.m.
September 24, 1998
Larry W. Peck
Acting Director
NEW SECTION
WAC 220-57-31000Z Kalama River. Notwithstanding the provisions of WAC 220-57-310, in those waters of the Kalama River from boundary markers at the mouth upstream to 1000 feet below the fishway at the upper salmon hatchery:
a) Open to fishing for salmon from September 25, 1998 through December 31, 1998.
b) Daily limit six salmon no more than two may be adults, except release chum salmon, and coho with adipose fins, and release chinook greater than twenty-eight inches in length during the period October 1 through December 31, 1998 upstream from the natural gas pipeline.
c) Minimum size: 12 inches.
d) From the natural gas pipeline crossing to the deadline at the intake to the lower salmon hatchery is restricted to fly fishing only through October 31, 1998.
e) That portion of the river from 200 feet upstream of the Department of Fish and Wildlife temporary rack downstream to a set of markers 1,500 feet below the temporary rack is closed to salmon angling during the time the Department of Fish and Wildlife temporary rack is in place.
f) All Species - night closure and non-buoyant lure restriction from the mouth to 200 feet above the WDFW temporary rack immediately through October 31, 1998.
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NEW SECTION
WAC 220-57-31900S Lewis River. Notwithstanding the provisions of WAC 220-57-319, in those waters of the Lewis River from boundary markers at the mouth upstream to the overhead power lines downstream from Merwin Dam:
a) Open to fishing for coho from September 25, 1998 through December 31, 1998.
b) Daily limit six salmon no more than two may be adults, except release chum salmon, chinook salmon, and coho with adipose fins.
c) Minimum size: 12 inches.
d) Fishing from boats is prohibited from Johnson Creek upstream to Colvin Creek, from September 25 through November 15, 1998.
e) All Species - night closure and non-buoyant lure restriction from the lower Cedar Creek concrete boat ramp upstream to the deadline below Merwin Dam, immediately through October 31, 1998.
f) From Colvin Creek upstream to the overhead powerlines below Merwin Dam it is unlawful to fish for salmon October 1 through December 31, 1998.
g) It is unlawful to take, fish for or possess salmon taken for personal use from waters shoreward of the cable, buoy, and corkline located at the mouth of the Lewis River Salmon Hatchery fishway.
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NEW SECTION
WAC 232-28-61900Y Exceptions to statewide rules. Notwithstanding the provisions of WAC 232-28-619:
Kalama River: Effective September 25 through October 15, 1998, in those waters of the Kalama River from boundary markers at the mouth upstream to 200 feet above the WDFW temporary rack, it is lawful to fish for trout. Daily limit is two trout, minimum size is 14 inches. Wild steelhead and wild cutthroat must be released. That portion of the river from 200 feet upstream of the Department of Fish and Wildlife temporary rack downstream to a set of markers 1,500 feet below the temporary rack is closed to trout angling during the time the Department of Fish and Wildlife temporary rack is in place. All Species - night closure and non-buoyant lure restriction from the mouth to 200 feet above the WDFW temporary rack immediately through October 31, 1998.
Lewis River: Effective September 25 through November 15, 1998, in those waters of the Lewis River from Johnson Creek upstream to Colvin Creek, it is lawful to fish for trout. Daily limit is two trout, minimum size is 12 inches. Wild steelhead and wild cutthroat must be released. Fishing from boats is prohibited from Johnson Creek upstream to Colvin Creek, from September 25 through November 15, 1998. All Species - night closure and non-buoyant lure restriction from the lower Cedar Creek concrete boat ramp upstream to the deadline below Merwin Dam, immediately through October 31, 1998. It is unlawful to take, fish for or possess trout taken for personal use from waters shoreward of the cable, buoy, and corkline located at the mouth of the Lewis River Salmon Hatchery fishway.
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REPEALER
The following sections of the Washington Administrative code are repealed effective 11:59 p.m. December 31, 1998:
WAC 220-57-31000Z Kalama River.
WAC 220-57-31900S Lewis River.
WAC 232-28-61900Y Exceptions to statewide rules