WSR 02-03-014

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-03 -- Filed January 4, 2002, 9:36 a.m. , effective January 5, 2002, 12:01 a.m. ]

Date of Adoption: January 4, 2002.

Purpose: Amend personal use fishing.

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

Statutory Authority for Adoption: RCW 77.12.047.

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: Returns of early hatchery winter steelhead are up to ten times greater than last season's returns and are record returns for some of the facilities. All hatchery facilities have sufficient adults to meet egg take goals for this season except Cowlitz River lates which do not arrive until after February. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 5, 2002, 12:01 a.m.

January 4, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900K   Exceptions to statewide rules.   Notwithstanding the provisions of WAC 232-28-619, the following rules apply:

(1) Effective January 5 through March 15, 2002 special daily limit of three hatchery steelhead may be retained in the following waters:

(a) Coweeman River from mouth to Mulholland Creek

(b) Elochoman River from mouth to West Fork

(c) Grays River from mouth to South Fork

(d) West Fork Grays River from mouth to hatchery intake/footbridge (The hatchery fishway downstream to the posted signs and the West Fork from the hatchery intake/footbridge upstream remains closed to all angling.

(e) Lewis River from mouth to forks

(f) North Fork Lewis River from mouth to overhead powerlines below Merwin Dam

(g) East Fork Lewis River from mouth to 400 feet downstream of Horseshoe Falls

(h) Salmon Creek (near Vancouver) from mouth to 72nd Ave NE

(i) Washougal River from mouth to Salmon Falls Bridge

(j) West Fork Washougal River from water intake at Skamania Hatchery upstream.

(2) Effective January 5 through January 31, 2002 special daily limit of three hatchery steelhead may be retained in those waters of the Cowlitz River from mouth to posted markers below the barrier dam. All steelhead with missing right ventral fin must be released.

(3) Effective January 5 through March 31, 2002 special daily limit of three hatchery steelhead may be retained in those waters of the White Salmon from markers/buoys upstream to 400 feet downstream from Northwestern Dam.

(4) Effective January 5, 2002 until further notice special daily limit of three hatchery steelhead may be retained in those waters of the Kalama River from mouth to 1000 feet below fishway at upper salmon hatchery.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. January 5, 2002:


WAC 232-28-61900H Exceptions to statewide rules--Grays River. (01-272)

Washington State Code Reviser's Office