WSR 02-22-013

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-271 -- Filed October 25, 2002, 4:50 p.m. ]

Date of Adoption: October 25, 2002.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900L; 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 removal of selective gear rules will provide a greater opportunity for the harvest of surplus hatchery steelhead during winter flow conditions. Removing more hatchery fish will reduce the potential for spawning interactions between hatchery and wild fish. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

October 25, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900V   Exceptions to statewide rules--Cowlitz, Hoh, Lewis (including East Fork and North Fork).   Notwithstanding the provisions of WAC 232-28-619, it is unlawful to violate the following provisions:

(1) Cowlitz River (Cowlitz/Lewis County) Effective immediately through November 8, 2002, in addition to a daily limit of two trout, one additional hatchery steelhead may be retained 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.

(2) Hoh River (Jefferson County) Willoughby Creek to Morgan's Crossing boat Launch: Effective December 1, 2002 until further notice, selective gear rules in effect.

(3) Hoh River (Jefferson County) Morgan's Crossing Boat Launch to Olympic National Park Boundary below mouth of south Fork Hoh River: Effective immediately until further notice selective gear rules in effect.

(4) Hoh River, South Fork (Jefferson County) Effective immediately until further notice, selective gear rules are in effect.

(5) Lewis River (Clark County) from boundary markers at mouth upstream to mouth of east fork: Effective immediately through November 8, 2002, in addition to a daily limit of two trout, one additional hatchery steelehead may be retained.

(6) North Fork Lewis River (Clark County). from forks to Colvin Creek: Effective immediately through November 8, 2002, in addition to a daily limit of two trout, one additional hatchery steelhead may be retained.

(7) East Fork Lewis River (Clark County) from the mouth upstream to 400 feet downstream of Horseshoe Falls. Effective November 1, 2002 until further notice selective gear rules do not apply.

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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.
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900L Exceptions to statewide rules -- Cispus, Cowlitz, Hoh, Lewis (including North Fork), and Lake Scanewa (Cowlitz Falls Reservoir). (02-231)

Washington State Code Reviser's Office