WSR 02-09-023

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-69 -- Filed April 8, 2002, 4:18 p.m. , effective April 20, 2002 ]

Date of Adoption: April 8, 2002.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900C; 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 Yakama Nation and WDFW fishery managers are forecasting a return of 12,300 adult hatchery and 9,500 adult wild spring chinook to the Yakima River in 2002. Approximately 56% of the total run is predicted to be hatchery supplementation fish the second and largest return to date of adult salmon from the Yakima/Klickitat fisheries project research hatchery at Cle Elum. Due to the high percentage of hatchery supplementation fish, and weaker runs of Naches and Upper Yakima River wild chinook expected this year, all wild fish will be protected from sport harvest. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 20, 2002.

April 8, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900C   Exceptions to statewide rules -- Yakima River.   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. April 20, 2002 through June 16, 2002, 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 (river mile 127.2).

(a) Daily limit of two hatchery salmon. Minimum size is 12 inches in length.

(b) Night closure in effect.

(c) One, single-pointed, barbless hook with a gap from point to shank of 3/4 inch or less required for all species.

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

(e) Closed to all fishing within 400 feet upstream of the Yakima Ave./Terrace Heights Road 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 June 17, 2002:


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

Washington State Code Reviser's Office