WSR 97-24-064

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Wildlife)

[Order 97-235--Filed December 2, 1997, 8:48 a.m., effective December 1, 1997, 12:01 a.m.]

Date of Adoption: November 24, 1997.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 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: This rule is necessary because the expected numbers of wild winter steelhead returning to Grays Harbor tributaries are below spawning escapement needs, with no wild fish available for harvest. Although the final runsize agreement and harvest management plan has not been reached by the Washington Department of Fish and Wildlife and Quinault biologists, expectations by both parties are for wild runs to be below escapement goal levels. Harvest management agreement will be reached through the Humptulips and Chehalis rivers steelhead management plans for the 1997-98 season with the Quinault Indian Nation to minimize wild fish impacts while providing opportunity on hatchery fish. There is insufficient time to promulgate permanent regulation rules for implementation this season.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: December 1, 1997, 12:01 a.m.

November 24, 1997

Bern Shanks

Director

NEW SECTION

WAC 232-28-61900Z Washington game fish seasons and daily limits regional regulation exceptions. Notwithstanding the provisions of WAC 232-28-619, effective 12:01 December 1, 1997, until further notice it is unlawful to fish in the following closed waters and unlawful to retain wild steelhead in waters requiring wild steelhead release as provided for in this section:

(1) The Humptulips River and tributaries are closed to fishing in waters upstream of Highway 101.

(2) Wild steelhead release is required beginning December 1, 1997, in the following waters during all open seasons:

(a) Cloquallum Creek, from mouth to second bridge on Cloquallum Road.

(b) Elk River, from the Highway 105 Bridge upstream.

(c) Hoquiam River (includes all forks).

(d) Humptulips River, from the mouth upstream to Highway 101.

(e) Johns River, (includes North, South Forks).

(f) Wishkah River, from mouth to Cedar Creek.

(g) Wynoochee River, from mouth to 7400 line bridge above the mouth of Scafer Creek.

(h) Stevens Creek, from the mouth to Highway 101 Bridge.