WSR 09-07-074

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-34 -- Filed March 13, 2009, 3:45 p.m. , effective March 16, 2009 ]


Effective Date of Rule: March 16, 2009.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900D; 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: Early indications are both hatchery and natural steelhead returning to the Chehalis River basin are well below preseason projections. Available data indicate escapement goals will not be met. Many independent tributaries have not achieved their spawner escapement goals in recent years; the entire Chehalis River system has not met minimum conservation goals for the last two years. To minimize overall impact to the natural spawning population and to ensure hatchery egg-take needs are achieved, the sport fishery will be closed. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: March 13, 2009.

Joe Stohr

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900D   Exceptions to statewide rules -- Chehalis River.   Notwithstanding the provisions of WAC 232-28-619, effective March 16, through April 30, 2009, the following waters are closed to fishing:

(a) Chehalis River (from the mouth to high bridge on Weyerhaeuser 1000 line approximately 400 yards downstream of Roger Creek, upstream, except that the mouth to Porter Bridge is open for white sturgeon.

(b) Chehalis River, South Fork from the mouth to Hwy bridge at Boistfort School).

(c) Cloquallum Creek (from the mouth to Hwy. 8 Bridge to the 2nd bridge on Cloquallum Rd).

(d) Newaukum River (South, Middle and North Forks).

(e) Satsop River and East Fork (from the mouth to the bridge at Schafer State Park).

(f) Skookumchuck River (from the mouth to 400' below outlet of PP&L/WDFW steelhead rearing pond located at the base of Skookumchuck Dam).

(g) Wishkah River (from the mouth to 200' below the weir at the Wishkah Rearing Ponds).

(h) Wynoochee River (from the mouth to above the mouth of Schafer Creek upstream).

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REPEALER


The following section of the Washington Administrative Code is repealed effective May 1, 2009:


WAC 232-28-61900D Exceptions to statewide rules -- Chehalis River.

Washington State Code Reviser's Office