WSR 98-18-047

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-174--Filed August 28, 1998, 3:47 p.m.]

Date of Adoption: August 28, 1998.

Purpose: Subsistence fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05500Q; and amending WAC 220-32-055.

Statutory Authority for Adoption: RCW 75.08.080.

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: Opens the Klickitat River to fall chinook and coho subsistence fishing. Harvestable numbers of fall chinook and coho are expected. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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

August 28, 1998

Larry Peck

for Bern Shanks

Director

NEW SECTION

WAC 220-32-05500R  Columbia River tributaries - Subsistence Notwithstanding the provisions of WAC 220-32-055, effective immediately until further notice, it is unlawful for a person possessing treaty fishing rights under the Yakima treaty to take or possess salmon taken for subsistence purposes from the Klickitat River, except under the following provisions:

1) In the Klickitat River from the site of the former Swinging Bridge (RM 1.5) upstream to Fishway Number 5 (RM 2.2), fishing is allowed effective immediately to 6 p.m. Saturday August 29, 1998 and 6 a.m. Tuesday September 1, 1998 to 6 p.m. Saturday September 5, 1998.

2) allowable gear:

Dipnets, setbag nets, or rod and reel with bait or lures. Any other fishing methods, such as snagging of fish, are unlawful.

3) other rules:

It shall be unlawful to place fishing platforms, or to take, molest, injure, or fish for salmon and steelhead within 25 feet of the dam or any fish ladder, fishway, or fish bypass pipes.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 6:01 p.m. September 5, 1998:

WAC 220-32-05500Q Columbia River tributaries--Subsistence.