WSR 98-06-040

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-30--Filed February 26, 1998, 3:54 p.m., effective March 11, 1998, 12:01 a.m.]

Date of Adoption: February 25, 1998.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900H; 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: 1) Closes steelhead angling in the mainstem Columbia River concurrent with the salmon closure because of predicted poor returns of spring chinook in 1998. 2) and 3) Closes game fish angling on the North Lewis and Cowlitz rivers during times and in areas of high salmon concentrations and abundance. Both of these rivers will be closed for salmon fishing in the spring of 1998. Action is consistent with an announcement by the state of Washington during a hearing on sport fisheries on January 29, 1998, and is consistent with requirements of the Endangered Species Act. 4) Requires selective fishery regulations in the upper Kalama River to protect wild summer steelhead which are projected to return in very low numbers in 1998. There is insufficient time to promulgate permanent regulations.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: March 11, 1998, 12:01 a.m.

February 25, 1998

Bern Shanks

Director

NEW SECTION

WAC 232-28-61900H Regional exceptions to permanent game fish rules. Notwithstanding the provisions of WAC 232-28-619, it is unlawful to fish for or possess the following species taken from the following waters during the periods provided for herein:

1) Effective 12:01 a.m. March 11, through March 31, 1998, it is unlawful to fish for steelhead in the waters of the Columbia River downstream from Bonneville Dam.

2) Effective 12:01 a.m. April 1, through June 15, 1998, it is unlawful to fish for game fish in waters of the North Fork Lewis River from Johnson Creek upstream to Colvin Creek.

3) Effective 12:01 a.m. April 1 through June 15, 1998, it is unlawful to fish for game fish from the south side of the Cowlitz River from the Barrier Dam to a line from the mouth of Mill Creek to a boundary marker on the opposite shore.

4) Effective immediately until further notice, in those waters of the Kalama River from 1,000 feet above the fishway at the Kalama Falls Hatchery upstream to Summers Creek, selective fishery regulations are in effect for all species.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 11:59 p.m. June 15, 1998: