WSR 01-15-032

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-148 -- Filed July 10, 2002, 4:05 p.m. , effective July 11, 2002, 12:01 a.m. ]

Date of Adoption: July 10, 2002.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900V; 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: These rules are interim personal use rules that will be effective until the permanent rules resulting from the North of Falcon proceeding take effect on August 2, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 11, 2002, 12:01 a.m.

July 10, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900X   Exceptions to statewide rules--Baker, Cispus, Cowlitz, Green, Hoh, Klickitat, Lewis (inclduing North Fork), Nooksack, Puyallup, Skagit, Skykomish and Toutle (including North Fork) rivers and Lake Scanewa (Cowlitz Falls Reservoir).   Notwithstanding the provisions of WAC 232-28-619, it is unlawful to violate the following provisions:

(1) Baker River (Skagit County) - Mouth to Highway 20 Bridge closed through August 31, 2002.

(2) Cispus River (Lewis County) -

(a) Effective immediately until further notice, special daily limit of six salmon no more than one may be an adult in those waters of the Cispus River from posted markers at Lewis County PUD kayak launch upstream to the North Fork.

(b) Effective immediately through July 31, 2002, release wild chinook salmon in those waters of the Cispus River from posted markers at Lewis County PUD kayak launch upstream to the North Fork.

(3) Cowlitz River (Cowlitz/Lewis County)

(a) Effective immediately until further notice, special daily limit of six salmon no more than two may be adults in those waters of the Cowlitz River from boundary markers at mouth upstream to 400 feet or posted markers below barrier dam.

(b) Effective immediately until further notice, up to three hatchery steelhead may be retained as part of the trout daily limit in those waters of the Cowlitz River from the boundary markers at the mouth upstream to 400 feet or posted markers below the barrier dam. Wild steelhead and steelhead with missing right ventral fins must be released.

(c) Effective immediately until further notice, those waters of the Cowlitz River from Mill Creek to 400 feet or posted deadline below the barrier dam on the south side of the river are re-opened to fishing.

(d) Effective immediately until further notice, special daily limit of six salmon no more than one may be an adult in those waters of the Cowlitz River from the upstream boundary of Lake Scanewa (Cowlitz Falls Reservoir) upstream to the confluence of Muddy and Ohanapecosh rivers.

(4) Lake Scanewa (Cowlitz Falls Reservoir) (Lewis County)

(a) Effective immediately until further notice, special daily limit of six salmon no more than one may be an adult in those waters of Lake Scanewa from Cowlitz Falls Dam upstream to the posted Lewis County PUD sign on Peters Road on the Cowlitz Arm and the posted markers at the Lewis County PUD kayak launch on the Cispus Arm.

(11) Nooksack River (Whatcom County) - Effective August 1 until further notice nonbuoyant lures allowed.

(12) Puyallup River (Pierce County) - Effective August 1 until further notice salmon daily limit may contain no more than 1 adult chinook.

(13) Skagit River (Skagit County) - Gilligan Creek to Bacon Creek salmon fishing closed until further notice.

(14) Skykomish River (Snohomish County) - Lewis Street Bridge in Monroe to mouth of Wallace River open to salmon fishing immediately through July 31 with a daily limit of one hatchery chinook.

(15) Toutle River (Cowlitz County) - Effective August 1, 2002 until further notice lawful to retain chinook in daily limit in those waters of the Toutle River from mouth to forks. Release chum and wild coho.

(16) North Fork Toutle River (Cowlitz County) - Effective August 1, 2002 until further notice lawful to retain chinook in daily limit in those waters of the North Fork Toutle River from confluence at the forks upstream to posted deadline downstream of the fish collection facility. Release chum and wild coho.

[]

Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. July 11, 2002:


WAC 232-28-61900V Exceptions to statewide rules--Baker, Cispus, Columbia, Cowlitz, Green, Hoh, Klickitat, Lewis (inclduing North Fork), Nooksack, Puyallup, Skagit, Skykomish and Toutle (including North Fork) rivers and Lake Scanewa (Cowlitz Falls Reservoir). (02-131)

Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office