WSR 02-10-077

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-74 -- Filed April 26, 2002, 4:32 p.m. , effective May 1, 2002, 12:01 a.m. ]

Date of Adoption: April 26, 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 hatchery summer steelhead that will be passed upstream of the upper hatchery for the next few years are part of a study to measure the ability of hatchery-reared steelhead (spawned from wild Kalama stock) to successfully spawn and produce viable offspring in the wild. Catch and release regulations are needed to ensure that the hatchery and wild fish passed upstream have equal opportunity to spawn. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

April 26, 2002

Jim Lux

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900F   Exceptions to statewide rules--Kalama River.   Notwithstanding the provisions of WAC 232-28-619, it is unlawful to retain hatchery steelhead in those waters listed below:

(1) Effective 12:01 a.m. May 1, 2002 until further notice, in those waters of the Kalama River from 1000' above fishway at upper salmon hatchery upstream to Summers Creek.

(2) Effective 12:01 a.m. June 1, 2002 until further notice, in those waters of the Kalama River from Summers Creek upstream to the CLOSED WATERS deadline at the 6420 Road (about 1 mile above the gate at the end of the county road).

(3) Effective 12:01 a.m. June 1, 2002 until further notice, in those waters of Gobar Creek (a tributary to the Kalama River).

(4) Effective 12:01 a.m. June 1, 2002 until further notice, in those tributaries to the Kalama River which are 1000 feet above the fishway above the upper salmon hatchery.

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Washington State Code Reviser's Office