WSR 00-21-003

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-206 -- Filed October 5, 2000, 8:17 a.m. ]

Date of Adoption: October 5, 2000.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 77.12.047.

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: In-season updates of the coho run size for Lake Washington indicate the run is returning at higher than predicted harvestable numbers, and may be [as] large as 50,000 or more. Two-thirds or more of the coho are of hatchery origin, and Issaquah Hatchery only needs about 2,500 spawners to meet production levels. Exploitation rate on the wild stock, outside of the terminal area is approximately 25%. Using a liberal projected catch for the sport fishery of 3,000 (twice the highest value observed in the last two decades), the total exploitation rate will still be below 30%, a value typically used to rebuild weak coho salmon stocks.

Sonic tag studies have determined that most chinook salmon have cleared the north end of the lake, but a small number continue to be holding within a few hundred yards of the mouth of Sammamish River. The total fishing closure off the mouth of the river through the middle of October will protect the chinook until they move upstream to reach their spawning grounds, but those waters will pen after the chinook clear the zone and the coho move into that area. There is insufficient time to use the permanent regulation process to effect these changes.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

October 5, 2000

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900B
Exceptions to statewide rules. (Lake Washington)

Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. October 1, 2000 through November 30, 2000 it is lawful to fish for and possess salmon from the waters of Lake Washington north of the Evergreen Point Floating Bridge (Highway 520) and east of the Montlake Bridge. Daily limit is six coho salmon, minimum size is 12 inches. Release all other salmon immediately. Waters within 100 yards of the Evergreen Point Floating Bridge (Highway 520) are closed at all times, and waters within 1,500 feet of the mouth of the Sammamish River are closed to fishing for all food fish and game fish through October 15.

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REPEALER


The following section of the Washington Administrative Code is repealed effective immediately:


WAC 232-28-61900Z Exceptions to statewide rules. (Lake Washington)

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. December 1, 2000:


WAC 232-28-61900B Exceptions to statewide rules. (Lake Washington)

Washington State Code Reviser's Office