WSR 02-14-046

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-131 -- Filed June 26, 2002, 3:58 p.m. , effective June 28, 2002, 12:01 a.m. ]

Date of Adoption: June 26, 2002.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900U; 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 summer chinook run is expected to exceed the escapement goal at Bonneville Dam of 80,000-90,000 fish and is on track to be the largest summer chinook return in forty years. The impacts to the listed Snake River component of this run are projected to be less than the management guideline of 1%. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 28, 2002, 12:01 a.m.

June 26, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900V   Exceptions to statewide rules--Baker, Cispus, Columbia, Cowlitz, Green, Hoh, Klickitat, Lewis (inclduing North Fork), Nooksack, Puyallup, Skagit, Skykomish and Toutle (including North Fork) rivers and Lake Scanewa (Cowlitz Falls Reservoir).   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) Effective immediately until further notice, special daily limit of six salmon no more than one may be an adult in those waters of the Cispus River from posted markers at Lewis County PUD kayak launch upstream to the North Fork.

(b) Effective immediately through July 31, 2002, release wild chinook salmon in those waters of the Cispus River from posted 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 -Effective August 1, 2002 until further notice salmon daily limit two fish, both of which may be chinook.

(b) Rocky Point-Tongue Point Line to Bonneville Dam -Effective June 28 through July 31, 2002, only adipose fin-clipped chinook may be retained. Daily limit 6 fish, only two may be adults.

(c) Bonneville Dam to Highway 395 Bridge - Effective immediately through July 31, 2002, release all salmon except jack chinook.

(4) Cowlitz River (Cowlitz/Lewis County)

(a) Effective immediately until further notice, special daily limit of six salmon no more than two may be adults in those waters of the Cowlitz River from boundary markers at mouth upstream to 400 feet or posted markers below barrier dam.

(b) Effective immediately until further notice, up to three hatchery steelhead may be retained as part of the trout daily limit in those waters of the Cowlitz River from the boundary markers at the mouth upstream to 400 feet of posted markers below the barrier dam. Wild steelhead and steelhead with missing right ventral fins must be released.

(c) Effective immediately until further notice, those waters of the Cowlitz River from Mill Creek to 400 feet or posted deadline below the barrier dam on the south side of the river are re-opened to fishing.

(d) Effective immediately until further notice, special daily limit of six salmon no more than one may be an adult in those waters of the Cowlitz River from the upstream boundary of Lake Scanewa (Cowlitz Falls Reservoir) upstream to the confluence of Muddy and Ohanapecosh rivers.

(5) Lake Scanewa (Cowlitz Falls Reservoir) (Lewis County)

(a) Effective immediately until further notice, special daily limit of six salmon no more than one may be an adult in those waters of Lake Scanewa from Cowlitz Falls Dam upstream to the posted Lewis County PUD sign on Peters Road on the Cowlitz Arm and the posted markers at the Lewis County PUD kayak launch on the Cispus Arm.

(b) Effective immediately through July 31, 2002, release wild chinook salmon in those waters of Lake Scanewa from Cowlitz Falls Dam upstream to the posted Lewis County PUD sign on Peters Road on the Cowlitz Arm and the posted markers at the Lewis County PUD kayak launch on the Cispus Arm.

(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 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) Klickitat River (Klickitat County) - Effective immediately until further notice, special daily limit of six salmon, no more than two may be adults in those waters of the Klickitat River from 400 feet above #5 fishway upstream to boundary markers just below Klickitat Hatchery.

(9) Lewis River from boundary markers at mouth upstream to mouth of east fork (Clark County)

(a) Effective immediately until further notice, special daily limit of six salmon, no more than two may be adults.

(b) Effective immediately until further notice, up to three hatchery steelhead may be retained as part of the trout daily limit. Trout minimum size is 20 inches. Wild steelhead must be released.

(10) North Fork Lewis River from forks to Colvin Creek (Clark County).

(a) Effective immediately until further notice, special daily limit of six salmon, no more than two may be adult salmon.

(b) Effective immediately until further notice, up to three hatchery steelhead may be retained as part of the trout daily limit. Trout minimum size is 20 inches. Wild steelhead must be released.

(c) Effective immediately until further notice, those waters of the North Fork Lewis River between Johnson Creek and Colvin Creek are open to boat and bank fishing.

(11) North Fork Lewis River from Colvin Creek to overhead power lines below Merwin Dam (Clark County).

(a) Effective immediately through September 30, 2002, special daily limit of six salmon, no more than two may be adults. Minimum size 12 inches.

(b) Effective immediately through September 30, 2002, up to three hatchery steelhead may be retained as part of the trout daily limit. Trout minimum size is 20 inches. Wild steelhead must be released.

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

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

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

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

(16) Toutle River (Cowlitz County) - Effective August 1, 2002 until further notice lawful to retain chinook in daily limit in those waters of the Toutle River from mouth to forks. Release chum and wild coho.

(17) North Fork Toutle River (Cowlitz County) - Effective August 1, 2002 until further notice lawful to retain chinook in daily limit in those waters of the North Fork Toutle River from confluence at the forks upstream to posted deadline downstream of the fish collection facility. Release chum and wild coho.

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Reviser's note: The spelling 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 section of the Washington Administrative Code is repealed effective 12:01 a.m. June 28, 2002:


WAC 232-28-61900U Exceptions to statewide rules--Baker, Cispus, Columbia, Cowlitz, Hoh, Kalama, Lewis (inclduing North Fork), Nooksack, Puyallup, Skagit, Skykomish and Toutle (including North Fork) rivers and Lake Scanewa (Cowlitz Falls Reservoir) (02-124)

Reviser's note: The spelling 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.

Washington State Code Reviser's Office