WSR 01-15-055

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-136 -- Filed July 13, 2001, 4:59 p.m. , effective July 15, 2001 ]

     Date of Adoption: July 13, 2001.

     Purpose: Amend personal use fishing 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: Substantial numbers of surplus hatchery chinook from the Wallace River Hatchery are returning to Skykomish River this summer. The numbers of fish are above those needed for future broodstock needs. Sampling indicates that between 50% and 65% of the returning fish have missing adipose fins thus providing an opportunity for a selective hatchery fish only season. Current closure was implemented to ensure enough adult summer run steelhead broodstock for the Puget Sound program. Adequate numbers have been collected to ensure broodstock needs. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 15, 2001.

July 13, 2001

J. P. Koenings

Director

by Larry Peck


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

     (1) Effective July 15, 2001 through July 31, 2001 open in those waters of the Skykomish River from its mouth upstream to the mouth of the Wallace River - Daily limit one hatchery chinook salmon (only those fish with a missing adipose fin maybe retained).

     (a) Night closure and non-buoyant lure restriction in effect.

     (2) Effective 8:00 a.m. July 15, 2001 until further notice, it is lawful to fish for game fish in those waters of the Skykomish River 1500' upstream to 1000' downstream of Reiter Ponds outlet.

     (a) Effective August 1, 2001 until further notice, night closure and non-buoyant lure restriction in effect.

     (b) Effective 8:01 a.m. August 1, 2001 until further notice, fishing for game fish from any floating device is prohibited.

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