WSR 02-07-096

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-51 -- Filed March 19, 2002, 4:57 p.m. ]

Date of Adoption: March 19, 2002.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900T and 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: The 2001/2002 wild winter steelhead runs for the Skagit, Snohomish, Stillaguamish, and Puyallup River systems are forecasted to be below escapement needs. Predicted wild steelhead run sizes for the river systems are anticipated to be between approximately 60 and 83% of wild steelhead escapement requirements. Closures will eliminate potential hooking mortality and disturbance of spawning fish. Hatchery steelhead fisheries continue to be allowed by National Marine Fisheries Service in the Upper Columbia Evolutionary Significant Unit. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

March 19, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900Z   Exceptions to statewide rules -- Snohomish River, Snoqualmie River, Skykomish River (mainstem), Tokul Creek, Stillaguamish River (mainstem), North Fork Stillaguamish River, Puyallup River, Carbon River, Skagit River, Fisher Slough, Columbia River (mainstem), Okanogan River and Similkameen River.   Notwithstanding the provisions of WAC 232-28-619, effective immediately:

Snohomish River From mouth including all channels, sloughs and inter-connected waterways upstream to the U.S. Highway 2 bridge: Open immediately through March 31, 2002, release all steelhead.
From U.S. Highway 2 bridge, including all channels, sloughs and inter-connected waterways upstream to the confluence of the Skykomish and Snoqualmie rivers, all channels: Closed to fishing immediately through March 31, 2002.
Snoqualmie River From mouth to Snoqualmie Falls: Closed to fishing immediately through March 31, 2002.
Skykomish River From mouth to the forks: Closed to
(Mainstem) fishing immediately through April 30, 2002.
Tokul Creek From mouth to posted cable boundary marker approximately 700 feet upstream of the mouth: Closed to fishing immediately through March 31, 2002.
Stillaguamish River All sloughs downstream of Warm
(Mainstem) Beach-Stanwood Highway: Release all steelhead immediately through May 31, 2002.
Stillaguamish River From mouth to Swede Heaven Bridge:
(North Fork) Closed to fishing immediately through May 31, 2002.
Puyallup River From 11th Street Bridge upstream to Soldier's Home Bridge in Orting: Closed to fishing immediately through March 31, 2002.
Carbon River From mouth to Highway 162 Bridge: Closed to fishing immediately through March 31, 2002.
Skagit River From mouth to Memorial Highway Bridge, Hwy. 536 at Mt. Vernon:
Closed to fishing immediately through April 12, 2002.
Open April 13, 2002 through April 31, 2002, release all steelhead.
From Memorial Highway Bridge, Hwy. 536 at Mt. Vernon to Dalles Bridge at Concrete: Closed to fishing immediately through March 31, 2002.
Fisher Slough From mouth to Highway 530 Bridge: Closed to fishing immediately through May 31, 2002.
Columbia River Main stem from Highway 395 Bridge at Pasco upstream to the Old Hanford town site wooden power line towers upstream from Ringold Hatchery: Open to fish for and possess up to two hatchery steelhead per day immediately through March 31, 2002. Except:
Any steelhead with either a radio tag wire protruding from the mouth or a disc tag attached near the dorsal fin must be released.
Okanogan River Mouth upstream: Open to fish for and possess up to two hatchery steelhead per day immediately through March 31, 2002. Except:
Any steelhead with either a radio tag wire protruding from the mouth or a disc tag attached near the dorsal fin must be released.
Selective gear rules apply for steelhead
Closed from Zosel Dam downstream to one-quarter mile below the railroad trestle.
Closed immediately through March 31, 2002, those waters between the Highway 97 Bridge at Omak and a line across the river 500 feet above Omak Creek.
Similkameen River Mouth to 400 feet below Enloe Dam: Open to fish for and possess up to two hatchery steelhead per day immediately through March 31, 2002. Except:
Any steelhead with either a radio tag wire protruding from the mouth or a disc tag attached near the dorsal fin must be released.
Selective gear rules apply for steelhead, except it is lawful to use whitefish gear.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900T Exceptions to statewide rules -- Snohomish River, Snoqualmie River, Skykomish River (mainstem), Tokul Creek, Stillaguamish River (mainstem), North Fork Stillaguamish River, Puyallup River, Carbon River, Skagit River, Fisher Slough, Nooksack River (mainstem, North Fork, Middle Fork, South Fork), Columbia River (mainstem), Okanogan River and Similkameen River. (02-34)

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. June 1, 2002:


WAC 232-28-61900Z Exceptions to statewide rules -- Snohomish River, Snoqualmie River, Skykomish River (mainstem), Tokul Creek, Stillaguamish River (mainstem), North Fork Stillaguamish River, Puyallup River, Carbon River, Skagit River, Fisher Slough, Columbia River (mainstem), Okanogan River and Similkameen River.

Washington State Code Reviser's Office