WSR 98-01-073

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 97-238--Filed December 12, 1997, 12:54 p.m.]

Date of Adoption: December 12, 1997.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 232-12-010 [232-12-001] and 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 regulation is necessary to change the definition of searun trout when they are in landlocked lakes, and will allow surplus hatchery steelhead to be harvested in landlocked lakes without a steelhead license. This rule is necessary to harvest steelhead that will be planted in specific lakes.

This regulation modifies the trout daily bag limit for certain lakes in southwest Washington. Hatchery steelhead have been removed from streams after fisheries have taken place and these surplus hatchery steelhead are being planted in area landlocked lakes. This action will reduce the percentage of hatchery spawners competing with wild steelhead spawners in anadromous waters. All proposed lakes currently receive hatchery trout plants and do not support native salmonids. This proposal maintains hatchery steelhead harvest opportunity consistent with wild steelhead protection. The daily bag limit for trout remains the same, however this regulation only allows two fish over 20 inches, which will spread out the catch, and conforms with anadromous regulations for steelhead in nearby rivers. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 2, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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

December 12, 1997

Dirk Brazil

for Bern Shanks

Director

NEW SECTION

WAC 232-12-00100B "Searun" definitions. Notwithstanding the provisions of WAC 232-12-001, effective immediately until further notice, "searun" does not include any fish found in landlocked lakes.

[]

NEW SECTION

WAC 232-28-61900A Washington game fish seasons and catch limits Exceptions to statewide rules. Notwithstanding the provisions of WAC 232-28-619, effective immediately until further notice, the daily limit for trout in the following waters in Region 5, is five fish of which no more than two can be greater than 20 inches in length. Klineline Pond, Kress Lake, Horseshoe Lake, Ice House Lake, Little Ash Lake, Tunnel Lake.