WSR 06-17-147

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-217 -- Filed August 22, 2006, 2:33 p.m. , effective August 22, 2006 ]


Effective Date of Rule: Immediately.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900X and 232-28-61900R; 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 department is in the process of adopting permanent rules that are necessary to implement the personal use fishing plans agreed-to with resource comanagers at the North of Falcon proceedings. These interim personal use rules are necessary to cover the time period until those permanent rules become effective.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: August 22, 2006.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900R   Exceptions to statewide rules -- 2006 North of Falcon.   Notwithstanding the provisions of WAC 232-28-619, it is unlawful to violate the following provisions, provided that unless otherwise amended all permanent rules remain in effect:

(1) Big Beef Creek (Kitsap County): Waters within 100 feet of the Seabeck Highway NW Bridge closed to all fishing immediatey until further notice.

(2) Bogachiel River (Clallam County), from mouth to Olympic National Park boundary: Salmon: Open immediately until further notice, from mouth to Highway 101 Bridge. Daily limit 6 fish of which no more than 2 may be adult salmon. Release wild adult coho and wild adult chinook.

(3) Calawah River (Clallam County), from mouth to forks: Salmon: Open immediately until further notice from mouth to Highway 101 Bridge. Daily limit 6 fish of which no more than 2 may be adult salmon. Release wild adult coho and wild adult chinook.

(4) Dickey River (includes all forks) (Clallam County): Salmon: Open immediately until further notice, from mouth to East Fork Dickey, including Olympic National Park. Daily limit 6 fish of which no more than 2 may be adult salmon. Release wild adult coho and wild adult chinook.

(5) Elwha River (Clallam County), from mouth to Aldwell Lake Dam: closed to all fishing until further notice.

(6) Nisqually River (Pierce County):

(a) from mouth to Military Tank Crossing Bridge: Salmon: Open immediately until further notice. Daily limit 6 fish of which no more than 2 may be adult salmon, release wild adult chinook.

(b) from Military Tank Crossing Bridge to four hundred feet below LaGrande Powerhouse: Nonbuoyant lure restriction and night closure immediately until further notice.

(7) Nooksack River, South Fork (Skagit/Whatcom counties): from Saxon Road Bridge to Skookum Creek: Closed to all fishing immediately until further notice.

(8) Puyallup River (Pierce County): Salmon: Closed until further notice.

(9) Quilcene River (Jefferson County): From Rodgers Street to Highway 101: Night closure immediately until further notice. Immediately until further notice, only 1 single point barbless hook may be used. Salmon: Open immediately until further notice. Daily limit 4 coho. Only salmon hooked inside the mouth may be retained.

(10) Quillayute River (Clallam County): Salmon: Open immediately until further notice. Daily limit 6 fish of which no more than 2 may be adult salmon. Release wild adult coho and wild adult chinook.

(11) Skagit River (Skagit/Whatcom counties): From the mouth to mouth of Cascade River - Salmon: Closed until further notice.

(12) Skokomish River (Mason County), mouth to Highway 101 Bridge: Immediately until further notice, terminal gear (hooks, weights, lures, or baits) and line must not be within 25' of tribal gillnets.

(13) Skykomish River (Snohomish County): From mouth to forks - Salmon: Closed until further notice.

(14) Snohomish River (Snohomish County), including all channels, sloughs, and interconnected waterways, but excluding all tributaries: Salmon: Closed until further notice.

(15) Sol Duc River (Clallam County): Salmon: Open immediately until further notice from mouth to concrete pump station. Daily limit 6 fish of which no more than 2 may be adult salmon. Release wild adult coho and wild adult chinook.

[]

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 232-28-61900X Exceptions to statewide rules -- 2006 North of Falcon. (06-85)

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. September 1, 2006:


WAC 232-28-61900R Exceptions to statewide rules -- 2006 North of Falcon.

Washington State Code Reviser's Office