WSR 02-12-013

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-116 -- Filed May 24, 2002, 2:18 p.m. , effective May 27, 2002, 12:01 a.m. ]

Date of Adoption: May 24, 2002.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900P and 232-28-61900Q; 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: Washington hatcheries have been clipping adipose fins on spring chinook to identify them as hatchery fish. 2002 is the first year that all age classes of hatchery spring chinook returning to Washington lower Columbia tributaries will be missing adipose fins. Hatchery escapement goal is expected to be achieved in the Lewis River increasing the adult bag limit to two salmon. These are interim personal use rules that will be effective until the permanent rules resulting from the North of Falcon proceeding take effect on August 2, 2002. The department is in the process of adopting the 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 27, 2002, 12:01 a.m.

May 24, 2002

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900S   Exceptions to statewide rules--Baker, Cispus, Columbia, Cowlitz, Deep, Green Hoh, Kalama, Lewis, Nooksack, Puyallup, Skagit, Skykomish and Toutle rivers.   Notwithstanding the provisions of WAC 232-28-619, it is unlawful to violate the following provisions:

(1) Baker River (Skagit County) - Mouth to Highway 20 Bridge closed through August 31, 2002.

(2) Cispus River (Lewis County) -

(a) Release wild chinook through July 31, 2002

(b) Special daily limit of six salmon no more than one may be an adult salmon in those waters of the Cispus River from poster markers at Lewis County PUD Kayak launch upstream to the North Fork.

(3) Columbia River -

(a) Buoy 10 Line to Rocky Point-Tongue Point Line - August 1 until further notice salmon daily limit two fish, both of which may be chinook.

(b) Rocky Point-Tongue Point Line to I-5 Bridge - May 16 through July 31 release all salmon except jack chinook.

(c) I-5 Bridge to Highway 395 Bridge - June 16 through July 31 release all salmon except jack chinook.

(4) Cowlitz River (Lewis County)

(a) Cowlitz River - Special daily limit of six salmon no more than one may be an adult salmon in those waters from boundary markers at mouth upstream to 400 feet or posted markers below barrier dam and those waters from upstream boundary of Lake Scanewa (Cowlitz Falls Reservoir) upstream to the confluence of Muddy and Ohanapecosh rivers.

(b) Release wild chinook from boundary markers at mouth upstream to 400 feet or posted markers below barrier dam and those waters from upstream boundary of Lake Scanewa (Cowlitz Falls Reservoir) upstream to the confluence of Muddy and Ohanapecosh rivers.

(c) Effective immediately until further notice in those waters of the Cowlitz River from boundary markers at mouth upstream to 400 feet or posted markers below barrier dam the minimum size for salmon is 12 inches in length.

(5) Deep River (Wahkiakum County) - Release wild chinook from mouth upstream to town bridge.

(6) Green River (Cowlitz County) - Release wild chinook from mouth upstream to 2800 Road Bridge.

(7) Hoh River (Jefferson County) - mouth to Willoughby Creek immediately through May 31 open Wednesday through Sunday only. Game fish catch and release except up to two hatchery steelhead may be retained and daily limit may contain no more than 1 adult salmon. Effective June 1 until further notice salmon fishing allowed only Wednesday through Sunday of each week and daily limit may contain no more than 1 adult salmon.

(8) Kalama River (Cowlitz County) - Release wild chinook from boundary markers at the mouth upstream to 1000 feet below the upper salmon hatchery.

(9) Lewis River (Clark County)

(a) Effective May 27 through July 31, 2002 special daily limit of six salmon, no more than two may be adult salmon in those waters of the Lewis River including North Fork, mouth upstream to Colvin Creek.

(b) Release wild chinook salmon in those waters of the Lewis River from boundary markers at the mouth upstream to mouth of East Fork and North Fork Lewis River - from mouth upstream to overhead power lines below Merwin Dam.

(c) Effective May 27, 2002 through July 31, 2002, those waters of the Lewis River between Johnson Creek and Colvin Creek are open to boat and bank fishing.

(10) Nooksack River (Whatcom County) - Effective August 1 until further notice nonbuoyant lures allowed.

(11) Puyallup River (Pierce County) - Effective August 1 until further notice salmon daily limit may contain no more than 1 adult chinook.

(12) Skagit River (Skagit County) - Gilligan Creek to Bacon Creek salmon fishing closed until further notice.

(13) Skykomish River (Snohomish County) - Lewis Street Bridge in Monroe to mouth of Wallace River open to salmon fishing June 1 through July 31 with a daily limit of 1 hatchery chinook.

(14) Toutle River (Cowlitz County) - August 1 until further notice lawful to retain chinook in daily limit. Release chum and wild coho in mainstem. Release wild coho in North Fork.

[]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER


The following sections of the Washington Administrative Code are repealed effective 12:01 a.m. May 27, 2002:


WAC 232-28-61900P Exceptions to statewide rules -- Cowlitz, Cispus, Deep, Green, Kalama and Lewis rivers. (02-18)

WAC 232-28-61900Q Exceptions to statewide rules -- 2002 North of Falcon. (02-111)

Washington State Code Reviser's Office