WSR 02-18-011

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-208 -- Filed August 21, 2002, 4:34 p.m. ]

Date of Adoption: August 21, 2002.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900F; 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 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. These rules are interim until permanent rules take effect.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

August 21, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900G   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 immediately until further notice, in those waters of the Kalama River from 1000' above fishway at upper salmon hatchery upstream to Summers Creek.

(2) Effective immediately 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 immediately until further notice, in those waters of Gobar Creek (a tributary to the Kalama River).

(4) Effective immediately 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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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900F Exceptions to statewide rules -- Kalama River. (02-74)

Washington State Code Reviser's Office