WSR 02-03-022

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-01 -- Filed January 4, 2002, 4:49 p.m. ]

Date of Adoption: January 4, 2002.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900U and 232-28-61900I; 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: The Columbia and Snake River basins are receiving very large returns of hatchery steelhead. Only a relatively small number of returning hatchery steelhead are needed for hatchery production each year. Therefore, the excess hatchery steelhead are available for harvest. The continuation of the three fish per day bag limit for southeast Washington ensures that fishers have consistent daily limits in boundary waters of the Snake and Grande rivers, as well as in nearby waters in southeast Washington. Permanent adoption of this rule will be considered by the Department of Fish and Wildlife in the future.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

January 4, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900I   Exceptions to statewide rules-Walla Walla River, Snake River, Mill Creek, Grande Ronde River, Touchet River and Tucannon River.   Notwithstanding the provisions of WAC 232-28-619, the following rules apply:

(1) Effective immediately through 11:59 p.m. March 31, 2002, Special daily limit of three hatchery steelhead in the following waters:

(a) Walla Walla River from mouth to Touchet River.

(b) Snake River.

(2) Effective immediately through 11:59 p.m. April 15, 2002, Special daily limit of three hatchery steelhead in the following waters:

(a) Walla Walla River from Touchet River to Oregon state boundary.

(b) Mill Creek from mouth to Roosevelt St. Bridge.

(c) Grande Ronde River from County Road Bridge to Oregon State line.

(d) Touchet River from mouth to the confluence of North and South Forks.

(e) Tucannon River from mouth to Cummins Bridge.

(3) Closed areas in WAC 232-28-619 remain in effect.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900U Exceptions to statewide rules-Snake River and Walla Walla River (01-194)

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. April 16, 2002:


WAC 232-28-61900I Exceptions to statewide rules-Snake River and Walla Walla River

Washington State Code Reviser's Office