WSR 98-19-005
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 98-182--Filed September 4, 1998, 7:47 a.m., effective September 6, 1998, 12:01 a.m.]
Date of Adoption: September 3, 1998.
Purpose: Personal use rules.
Citation of Existing Rules Affected by this Order: Amending WAC 220-57-160, 220-57-315, 220-57-321, 220-57-505, and 232-28-619.
Statutory Authority for Adoption: RCW 75.08.080 and 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: Upriver and lower Columbia River steelhead have been listed under the Endangered Species Act. Tribal commercial and nontribal recreational and commercial fisheries through September 5, 1998, have been determined by the National Marine Fisheries Service to not have a jeopardy impact on these stocks, according to verbal testimony given by the service on an August 19, 1998, conference call and in an August 21, 1998, emergency Columbia River Compact meeting. The service has not, however, issued a written biological opinion, required under the Endangered Species Act to allow an incidental take of a listed species after September 5, 1998. In the absence of a biological opinion, there is a violation of the Endangered Species Act. Previously scheduled salmon and steelhead fisheries in the lower Columbia River need to be closed to prevent unlawful taking of listed steelhead. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 5, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: September 6, 1998, 12:01 a.m.
September 3, 1998
Larry W. Peck
for Bern Shanks
Director
NEW SECTION
WAC 220-57-16000N Columbia River. Notwithstanding the provisions of WAC 220-57-160, effective 12:01 a.m. September 6, 1998 until further notice, it is unlawful to fish for or possess salmon from those waters of the Columbia River downstream of the Highway 395 Bridge at Pasco to the Megler-Astoria Bridge.
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NEW SECTION
WAC 220-57-31500F Klickitat River. Notwithstanding the provisions of WAC 220-57-315, effective 12:01 a.m. September 6, 1998 until further notice, it is unlawful to fish for or possess salmon in those waters of the Klickitat River between the mouth and Fisher Hill Bridge.
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NEW SECTION
WAC 220-57-32100A Little White Salmon River (Drano Lake). Notwithstanding the provisions of WAC 220-57-321, effective 12:01 a.m. September 6, 1998 until further notice, it is unlawful to fish for or possess salmon in those waters of the Little White Salmon River (Drano Lake).
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NEW SECTION
WAC 220-57-50500B White Salmon River. Notwithstanding the provisions of WAC 220-57-505, effective 12:01 a.m. September 6, 1998 until further notice, it is unlawful to fish for or possess salmon in those waters of the White Salmon River.
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NEW SECTION
WAC 232-28-61900W Exceptions to statewide rules. Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. September 6, 1998 until further notice, it is unlawful to fish for or possess steelhead in the following waters:
(1) Columbia River downstream of the Highway 395 Bridge at Pasco to the Megler-Astoria Bridge.
(2) Klickitat River in those waters between the mouth and the Fisher Hill Bridge.
(3) Little White Salmon River (Drano Lake)
(4) White Salmon River
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