WSR 02-22-032

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-274 -- Filed October 28, 2002, 5:00 p.m. , effective October 29, 2002, 12:01 a.m. ]

Date of Adoption: October 28, 2002.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900W; 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 and coho salmon are not migrating upriver in a normal pattern because of extreme low flow conditions with no rainfall forecasted. Many are not migrating at all but are swimming into and out of the river with each tidal change. The Washington Department of Fish and Wildlife is concerned that salmon (especially 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. Closing all fishing until a significant freshet occurs will help assure that adult salmon are able to migrate upstream to their spawning grounds. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 29, 2002, 12:01 a.m.

October 28, 2002

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900X   Exceptions to statewide rules.   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. October 29, 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.) - Closed to fishing.

(3) Clearwater River (Jefferson Co.) - Closed to fishing.

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

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

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

(7) 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 29, 2002:


WAC 232-28-61900W Exceptions to statewide rules. (02-272)

Washington State Code Reviser's Office