WSR 02-07-066

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-48 -- Filed March 15, 2002, 4:10 p.m. , effective April 1, 2002, 12:01 a.m. ]

Date of Adoption: March 15, 2002.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900Y; 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: Five hundred hatchery spring chinook are anticipated to return to the Ringold Springs Rearing Facility (RSRF) this spring. The sport fishing season will begin earlier than past years, to allow anglers to take full advantage of the last returning spring chinook run to Ringold and to provide additional opportunity to harvest hatchery steelhead remaining from the 2001/2002 run. This is the final return year of hatchery spring chinook to the facility. Mitchell Act funding for the spring chinook rearing program at RSRF was terminated in 1999, therefore none of these fish are needed for broodstock purposes. National Marine Fisheries Service has given approval to continue a hatchery steelhead sport fishery in the Ringold Area Bank Fishery boundaries. The fishery will be monitored to assess chinook and 2002/2003 steelhead run impacts. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 1, 2002, 12:01 a.m.

March 15, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900Y   Exceptions to statewide rules -- Columbia River.   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. April 1, 2002 through June 15, 2002, in those waters of the Columbia River adjacent to Ringold Hatchery (in Franklin County north of Pasco) from the WDFW markers 1/4 mile downstream of the Ringold irrigation wasteway outlet to the markers 1/2 mile upstream of Spring Creek, the daily limit is two salmon, minimum size 12 inches in length or two hatchery steelhead (hatchery steelhead are identified by a missing adipose or ventral fin and a healed scar in the location of the missing fin), minimum size 20 inches in length, or a combination of one such salmon and one such steelhead. Any steelhead with either a radio tag wire protruding from the mouth or a disc tag attached near the dorsal fin must be released. Fishing is only from the hatchery side (east bank) and only from the bank.

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REPEALER


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


WAC 232-28-61900Y Exceptions to statewide rules--Columbia River.

Washington State Code Reviser's Office