WSR 02-03-023

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-02 -- Filed January 4, 2002, 4:50 p.m. , effective January 10, 2002 ]

Date of Adoption: January 4, 2002.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: 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 Washington Department of Fish and Wildlife and the Quinault Indian Nation have agreed to a forecast of the wild steelhead run size in the Queets River system for the 2001-02 season of 3,100. This is the lowest run size forecast in history for this system. Because of that fact, the Department of Fish and Wildlife and the Quinault Indian Nation agree that only incidental harvest of wild steelhead should be allowed this year. The Quinault Indian Nation will operate their commercial gillnet fishery through January only to target the earlier timed hatchery steelhead. The sport fishery will selectively harvest hatchery steelhead only and release all wild fish. Ninety plus percent of the hatchery steelhead should have cleared the system by March 15. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 10, 2002.

January 4, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900J   Exceptions to statewide rules -- Clearwater River (Jefferson County) and Salmon River (Jefferson County)   Notwithstanding the provisions of WAC 232-28-619, effective January 10, 2002 the following regulations apply:

Item 1: Clearwater River From mouth to Snahapish River: Wild steelhead release January 10, 2002 through March 15, 2002. Effective March 16, 2002 until further notice closed to all fishing.
Item 2: Salmon River Waters outside the Quinault Indian Reservation and Olympic National Park: Wild steelhead release January 10, 2002 through February 28, 2002.

Additional Rules: Steelhead with a dorsal fin height of less than 2 1/8 inches may also be retained.

[]

Washington State Code Reviser's Office