WSR 02-19-075

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-231 -- Filed September 13, 2002, 4:44 p.m. , effective September 16, 2002, 12:01 a.m. ]

Date of Adoption: September 13, 2002.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900D; 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: These rules are part of the agreed to North of Falcon annual fall salmon management plans.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 16, 2002, 12:01 a.m.

September 13, 2002

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900L   Exceptions to statewide rules -- Cispus, Cowlitz, Hoh, and Lewis (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) Cispus River (Lewis County) Effective immediately through September 30, 2002, 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.

(2) Cowlitz River (Cowlitz/Lewis County)

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

(b) Effective immediately through September 30, 2002, 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 the Muddy and Ohanapecosh rivers.

(3) Lake Scanewa (Cowlitz Falls Reservoir) (Lewis County) Effective immediately through September 30, 2002, 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.

(4) Hoh River (Jefferson County) Willoughby Creek to Morgan's Crossing Boat Launch: Effective immediately through October 15, and from December 1 until further notice, selective gear rules in effect.

(5) Hoh River (Jefferson County) Morgan's Crossing Boat Launch to Olympic National Park Boundary below mouth of South Fork Hoh River: Effective immediately until further notice, selective gear rules in effect.

(6) Hoh River, South Fork (Jefferson County) Effective immediately until further notice, selective gear rules are in effect.

(7) Lewis River (Clark County) From boundary markers at mouth upstream to mouth of east fork: Effective immediately until further notice, in addition to a daily limit of two trout, one additional hatchery steelhead may be retained.

(8) North Fork Lewis River (Clark County) From forks to Colvin Creek: Effective immediately until further notice, in addition to a daily limit of two trout, one additional hatchery steelhead may be retained.

(9) North Fork Lewis River (Clark County) From Colvin Creek to overhead power lines below Merwin Dam: Effective immediately through September 30, 2002, in addition to a daily limit of two trout, one additional hatchery steelhead may be retained.

[]


REPEALER


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


WAC 232-28-61900D Exceptions to statewide rules--Baker, Cispus, Cowlitz, Green, Hoh, Klickitat, Lewis (including North Fork), Nooksack, Puyallup, Skagit, Skykomish and Toutle (including North Fork) rivers and Lake Scanewa (Cowlitz Falls Reservoir). (02-195)

Washington State Code Reviser's Office