WSR 98-03-057

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-08--Filed January 16, 1998, 4:37 p.m.]

Date of Adoption: January 16, 1998.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900B; and 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: The Bogachiel River closure was deleted from emergency rule WAC 232-28-61900B (its effective date January 5, 1998). The Bogachiel Hatchery is anticipated to meet its winter steelhead egg take program goal of 900,000. The reopening of this section will also facilitate the removal of hatchery steelhead from the river by allowing sport anglers to harvest them. Other river closures listed are still required to allow hatchery facilities located on them to maximize their hatchery winter steelhead egg take, due to the below average run. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Immediately.

January 16, 1998

Dirk Brazil

for Bern Shanks

Director

NEW SECTION

WAC 232-28-61900C Washington game fish seasons and catch limits-Exceptions to statewide rules. Notwithstanding the provisions of WAC 232-28-619, effective immediately until further notice it is unlawful to fish for or possess steelhead taken from the following waters:

(1) Green River - Closed from 500 feet below the hatchery trap at Palmer, upstream to the outlet of the upper rearing pond.

(2) Snoqualmie River - Closed from the Plumb access boat launch ramp to Snoqualmie Falls.

(3) Tokul Creek - Closed.

(4) Skykomish River - Closed from 1,000 feet downstream from the Reiter Ponds outlet to 1,500 feet upstream of the Reiter Ponds outlet.

(5) Stillaguamish River, north fork - Closed from the mouth of French Creek upstream to Swede Heaven Bridge.

(6) Skagit River - Closed from the 530 Bridge at Rockport to the Cascade Road Bridge at Marblemount.

(7) Cascade River - Closed from the mouth to Cascade/Rockport Bridge.

(8) Naselle River - Closed from the Highway 4 Bridge to the Big Hill Bridge.

(9) Willapa River - Closed from the Highway 6 Bridge (approximately two miles downstream from the mouth of Trap Creek to Forks Creek.

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Reviser's note: The typographical 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: