WSR 02-11-039

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-99 -- Filed May 8, 2002, 10:50 a.m. ]

Date of Adoption: May 6, 2002.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-28500C, 232-28-61900J and 232-28-61900K; and amending WAC 220-56-285 and 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 upriver spring Chinook run size has been upgraded to 309,000 and sufficient impacts to ESA-listed spring Chinook remain on the preseason guideline to extend the fishery through May 15, 2002. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 3.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

May 6, 2002

J. P. Koenings

Director


NEW SECTION
WAC 220-56-28500D   Shad -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-285, effective immediately until further notice, it is lawful to take, fish for, or possess shad in those waters of the Columbia River downstream from Bonneville Dam.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-28500C Shad -- Areas and seasons. (02-94)

NEW SECTION
WAC 232-28-61900K   Exceptions to statewide rules -- Columbia River   Notwithstanding the provisions of WAC 232-28-619:

(1) Effective immediately through 11:59 p.m. May 15, 2002, it is lawful to fish for and possess adipose fin-clipped spring chinook in those waters of the Columbia River from Buoy 10 upstream to 600 feet below the fish ladder at Bonneville Dam.

(a) Daily limit: Six chinook, no more than two of which may be adults, and all of which must be adipose fin-clipped, minimum size 12 inches in length.

(2) Effective immediately through 11:59 p.m. May 15, 2002, it is lawful to fish for and possess adipose fin-clipped spring chinook in those areas listed below.

(a) The Bonneville Reservoir upstream from the Tower Island power lines. Waters upstream from the Interstate Bridge (Highway 197) to The Dalles Dam are closed except that bank fishing is permitted up to the downstream navigation lock wall on the Washington shore.

(b) The Dalles Reservoir.

(c) John Day Reservoir.

(d) Daily limit: Six chinook, no more than two of which may be adults, and all of which must be adipose fin-clipped, minimum size 12 inches in length.

(3) Effective immediately through 11:59 p.m. May 15, 2002 it is lawful to fish for and possess trout in those waters of the Columbia River from Bonneville Dam to Buoy 10.

(a) Daily limit two trout minimum size 12 inches in length. Release wild steelhead.

Release wild cutthroat below Bonneville Dam.

(4) Effective immediately through 11:59 p.m. May 15, 2002 it is lawful to fish for and possess trout in those waters of the Columbia River of The Bonneville Reservoir upstream from the Tower Island power lines; The Dalles and John Day Pools. Waters upstream from the Interstate Bridge (Highway 197) to The Dalles Dam are closed except that bank fishing is permitted up to the downstream navigation lock wall on the Washington shore.

(a) Daily limit two trout minimum size 12 inches in length. Release wild steelhead.

Release wild cutthroat below Bonneville Dam.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900J Exceptions to statewide rules -- Columbia River. (02-94)

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


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

Washington State Code Reviser's Office