WSR 01-09-030

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-49 -- Filed April 11, 2001, 9:37 a.m. , effective April 21, 2001, 12:01 a.m. ]

Date of Adoption: April 10, 2001.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900X; and 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: The salmon season is beginning earlier than the normal May 15 opener to take advantage of the forecasted large return. Several factors suggest the fish may return early to the Ringold area this year. The last run of Skamania-stock (lower Columbia River origin) hatchery steelhead reared at the Ringold Springs Rearing Facility (Ringold) returned in 2000 and several hundred were caught by anglers last spring. Wells-stock (upper Columbia River origin) steelhead are now being reared and released at Ringold. This hatchery stock is currently listed as "endangered" under the Endangered Species Act and harvest is not permitted by WDFW or the National Marine Fisheries Services at this time. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 21, 2001, 12:01 a.m.

April 9, 2001

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900X   Exceptions to statewide rules -- Columbia River.   Notwithstanding the provisions of WAC 232-28-619:

(1) Effective 12:01 a.m. April 21, 2001 through June 15, 2001, in those waters of the Columbia River adjacent to Ringold Hatchery (in Franklin County north of Pasco) from the WDFW markers 1/4 mile downstream of the Ringold irrigation wasteway outlet to the markers 1/2 mile upstream of Spring Creek the daily limit is two (2) salmon, minimum size 12 inches in length. Fishing only from the hatchery side (east bank) and only from the bank.

(2) Effective 12:01 a.m. May 15, 2001 through July 31, 2001, in those waters of the Columbia River adjacent to Ringold Hatchery (in Franklin County north of Pasco) from the WDFW markers 1/4 mile downstream of the Ringold irrigation wasteway outlet to the markers 1/2 mile upstream of Spring Creek it is unlawful to retain steelhead.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. August 1, 2001:


WAC 232-28-61900X Exceptions to statewide rules -- Columbia River.

Washington State Code Reviser's Office