WSR 02-18-058

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-212 -- Filed August 28, 2002, 4:37 p.m. , effective August 30, 2002 ]

Date of Adoption: August 28, 2002.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900H; 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: Natural escapement objectives for summer chinook upstream of Wells Dam is 3,500 fish. Recent run counts past Wells Dam have exceeded 53,000 adults, with three additional weeks remaining for migration. Unseasonable cool Okanogan River temperatures have encouraged the chinook to migrate upstream of the confluence with the Columbia River. The summer chinook run for 2002 will provide for all the upper Columbia River hatchery brood stock fish needed, and will allow for more than an average number of fish to spawn naturally. Remaining will be enough fish for a sport fishery. The stock is stable, not listed under ESA, and the proposed fishery is deemed by NMFS, to not likely have negative impacts on listed fish species. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 30, 2002.

August 28, 2002

B. J. Bjork

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900H   Exceptions to statewide rules--Okanogan and Similkameen rivers.   Notwithstanding the provisions of WAC 232-28-619, effective August 30, through September 15, 2002, it is lawful to fish for chinook salmon in the following waters:

(1) Okanogan River (Okanogan Co.) Those waters upstream of the Highway 97 bridge at Brewster to 1/4 mile below the railroad trestle near Zosel Dam. Special daily limit of six chinook salmon, no more than two adults. All sockeye, coho salmon and steelhead must be released immediately. Night closure in effect.

(2) Similkameen River (Okanogan Co.) Those waters from the confluence with the Okanogan River upstream to the city bridge at Oroville. Special daily limit of six chinook salmon, no more than two adults. All sockeye, coho salmon and steelhead must be released immediately. Night closure in effect.

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REPEALER


The following section of the Washington Administrative Code is repealed effective one hour after official sunset on September 15, 2002:


WAC 232-28-61900H Exceptions to statewide rules -- Okanogan and Similkameen rivers.

Washington State Code Reviser's Office