WSR 01-09-053

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-50 -- Filed April 13, 2001, 1:12 p.m. , effective April 21, 2001, 12:01 a.m. ]

Date of Adoption: April 13, 2001.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900Y; 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: Yakama Nation and WDFW are forecasting a total return of 26,100 adult spring chinook to the Yakima River in 2001. The forecasted run of weak stock, wild, Naches/American River spring chinook (estimated at 6,000) is of sufficient size that it is capable of supporting a modest level of sport harvest without threat to acceptable spawning escapement. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 13, 2001

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900Y   Exceptions to statewide rules -- Yakima River.   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. April 21, 2001 through June 15, 2001, in those waters of the Yakima River from the SR 223 Bridge at Granger (river mile 83) to the painted "closed water" boundary line 3,500 feet downstream of Roza Dam at river mile 127.2:

     (a) Daily limit of two salmon, minimum size is 12 inches in length.

     (b) Fishing must stop for the day, after catching two salmon, whether retained or released.

     (c) Non-buoyant lure restriction and night closure in effect.

     (d) Season limit of ten spring chinook from the Yakima River per fisher.

     (e) Closed to all fishing within 400 feet upstream of the Yakima Ave./Terrace Heights Rd. Bridge, including downstream of the Roza Wasteway No. 2 fish barrier rack.

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REPEALER


     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. June 16, 2001:


WAC 232-28-61900Y Exceptions to statewide rules -- Yakima River.

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