WSR 02-22-012

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-272 -- Filed October 25, 2002, 4:50 p.m. , effective October 27, 2002, 12:01 a.m. ]

Date of Adoption: October 25, 2002.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900T; 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: Fall chinook salmon are not migrating upriver in a normal pattern because of extreme low flow conditions with little or no rainfall in the immediate forecast. Many chinook are not migrating at all but are milling in the river and appear to be moving in and out with the tides. Biologists are concerned that chinook may be subjected to higher than normal harvest rates in the tribal and sport fisheries in the lower river because of the lack of movement upstream. Releasing all chinook in the sport fishery will allow many of these fish to reach the spawning grounds as soon as flows increase. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 27, 2002, 12:01 a.m.

October 25, 2002

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900W   Exceptions to statewide rules.   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. October 27, 2002, until further notice it is unlawful to violate the following provisions in the following waters:

(1) Quillayute River (Jefferson Co.) - Closed to fishing.

(2) Hoh River (Jefferson Co.) Those waters from mouth to Morgans Crossing boat launch - Release chinook salmon. All species selective gear rules from the DNR Oxbow Campground boat launch to Morgans Crossing boat launch.

(3) Bogachiel River (Clallam Co.) - Closed to fishing.

(4) Calawah River (Clallam Co.) - Closed to fishing.

(5) Dickey River (Clallam Co.) - Closed to fishing.

(6) Sol Duc River (Clallam Co.) - Closed to fishing.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. October 27, 2002:


WAC 232-28-61900T Exceptions to statewide rules. (02-263)

Washington State Code Reviser's Office