WSR 00-20-058

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-201 -- Filed September 29, 2000, 4:37 p.m. , effective October 1, 2000, 12:01 a.m. ]

Date of Adoption: September 29, 2000.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900Z; and amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 77.12.047.

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: In-season updates of the Lake Washington coho run indicate the return is higher than predicted level, and it may be as large as 50,000 or more. Two-thirds or more of the coho are of hatchery origin, and since Issaquah Hatchery only needs about 2,500 spawners to meet production levels, there is a large number of fish available for harvest. Exploitation rate on the wild stock is approximately 25% for fisheries outside the terminal area. Using a liberal projected catch for the sport fishery of 3,000 (twice the highest value observed in the last two decades), the total exploitation rate will still be below 30%, a value typically used to rebuild weak coho salmon stocks.

     Sonic tag studies have determined that most chinook salmon have cleared the north end of the lake, but a small number continue to be holding within a few hundred yards of the mouth of Sammamish River. The total fishing closure off the mouth of the river though the middle of October will protect the chinook until they move upstream to their spawning grounds. Chinook are expected to be clear from this zone by mid-October, and coho will begin moving into this area. So, waters off the mouth of the river will open for coho and game fish beginning October 16.

     There is insufficient time to use the permanent regulation process to effect these changes.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.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: October 1, 2000, 12:01 a.m.

September 29, 2000

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900Z
Exceptions to statewide rules. (Lake Washington)

Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. October 1, 2000 through November 30, 2000 it is lawful to fish for and possess salmon from the waters of Lake Washington north of the Evergreen Point Floating Bridge (Highway 520) and east of the Montlake Bridge. Daily limit is six coho salmon, minimum size is 12 inches. Release all other salmon immediately. Waters within 100 yards of the Evergreen Point Floating Bridge (Highway 520) are closed at all times, and waters within 1,500 of the mouth of the Sammamish River are closed to fishing for all food fish and game fish through October 15.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. December 1, 2000:


WAC 232-28-61900Z Exceptions to statewide rules. (Lake Washington)

© Washington State Code Reviser's Office