WSR 97-12-035

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

(Wildlife)

[Order 97-85--Filed May 30, 1997, 4:34 p.m., effective May 31, 1997, 12:01 a.m.]

Date of Adoption: May 30, 1997.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-57-31900M and 232-28-61900F; and amending WAC 220-57-250, 220-57-319, 220-57-480, and 232-28-619.

Statutory Authority for Adoption: RCW 75.08.080 and 77.12.040.

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: Lewis River spring chinook hatchery needs are assured. Harvestable fish are now available. Game fish closure no longer necessary. Green River and North Toutle River have harvestable spring chinook available.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 4, amended 0, repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: May 31, 1997, 12:01 a.m.

May 30, 1997

Dirk Brazil

for Bern Shanks

Director

NEW SECTION

WAC 220-57-25000A Green River (Cowlitz County) Notwithstanding the provisions of WAC 220-57-255, effective 12:01 a.m. June 1, 1997 through August 31, 1997:

(1) Open for salmon angling in those waters of the Green River from the mouth upstream to the 1000 Road Bridge.

(2) Daily limit is six salmon of which two may be adults, Minimum size is 12 inches in length,

(3) Those waters from 1500 feet below the salmon hatchery rack to the water intake at upper end of hatchery is closed to angling after the rack is installed.

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NEW SECTION

WAC 220-57-31900N Lewis River. Notwithstanding the provisions of WAC 220-57-319, effective 12:01 a.m. May 31, 1997 through July 31, 1997:

(1) Open for salmon angling in those waters of the Lewis River from Merwin Dam to the mouth.

(2) Daily limit is six salmon of which two may be adults. Minimum size is 12 inches in length.

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NEW SECTION

WAC 220-57-48000A Toutle River (North Fork). Notwithstanding the provisions of WAC 220-57-480, effective 12:01 a.m. June 1, 1997 until August 31, 1997:

(1) Open for salmon angling in those waters of the North Toutle River from the Highway 504 Bridge near Kidd Valley to the mouth of the Green River.

(2) Daily limit is six salmon of which two may be adults. Minimum size is 12 inches in length.

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NEW SECTION

WAC 232-28-61900K Regional exception to permanent game fish rules. Notwithstanding the provisions of WAC 232-28-619:

(1) Effective 12:01 a.m. May 31, 1997 until further notice, in those waters of the Lewis River from Johnson Creek upstream to Colvin Creek is open to game fish angling.

(2) Effective immediately through June 15, 1997, it is unlawful to fish for game fish from the south side of the Cowlitz River in those waters downstream from the Barrier Dam to a line from the mouth of Mill Creek to a boundary marker on the opposite shore.

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REPEALER

The following sections of the Washington Administrative Code are repealed effective 12:01 a.m. May 31, 1997:

WAC 220-57-31900M Lewis River. (97-62)