WSR 03-04-047

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-08 -- Filed January 28, 2003, 4:26 p.m. ]

Date of Adoption: January 28, 2003.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900B and 232-28-61900E; 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: NOAA fisheries approved hatchery steelhead fisheries in the Upper Columbia steelhead evolutionary significant unit in October 2002. These fisheries may continue with modifications to the emergency rules issued previously. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

January 28, 2003

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900E   Exceptions to statewide rules -- Columbia, Methow, Okanogan and Similkameen rivers.   Notwithstanding the provisions of WAC 232-28-619, effective immediately until further notice it is unlawful to violate the following provisions in the following waters:

(1) Columbia River from Highway 395 bridge at Pasco to the Old Hanford townsite wooden power line towers upstream of Ringold Springs Rearing Facility - Open to fish for and possess up to two hatchery steelhead per day through March 31, 2003.

(2) Columbia River from Rocky Reach Dam to Chief Joseph Dam Open through March 31, 2003. Night closure. Daily limit may contain up to two hatchery steelhead.

(3) Methow River - Mouth upstream to the confluence with the Chewuch River. Open through March 31, 2003. Selective gear rules except it is lawful to fish from motorized vessels. Night closure. Whitefish gear rules do not apply. Daily limit may contain up to two hatchery steelhead.

(4) Okanogan River Mouth upstream open through March 31, 2003

a) Except closed from Zosel Dam downstream to one-quarter mile below railroad trestle.

b) Except closed February 16, 2003 through March 31, 2003 in those waters between Highway 97 Bridge at Omak and a line 500 feet above Omak Creek.

Selective gear rules except lawful to fish from motorized vessels. Night closure. Daily limit may contain up to two hatchery steelhead.

(5) Similkameen River - Mouth to 400 feet below Enloe Dam Open through March 31, 2003. Selective gear rules. Night closure. Whitefish gear rules do not apply. Daily limit may contain up to two hatchery steelhead.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900B Exceptions to statewide rules -- Columbia, Methow, Okanogan and Similkameen rivers. (02-292)

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. April 1, 2003:


WAC 232-28-61900E Exceptions to statewide rules -- Columbia, Methow, Okanogan and Similkameen rivers.

Legislature Code Reviser 

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Washington State Code Reviser's Office