WSR 02-24-030

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-292 -- Filed November 27, 2002, 2:43 p.m. ]

Date of Adoption: November 27, 2002.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900R; 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: This emergency rule is necessary to change the whitefish gear rules to match the current steelhead rules in the Methow and Similkameen rivers. This will simplify rules for anglers and make the selective gear rules for steelhead enforceable. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

November 27, 2002

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900B   Exceptions to statewide rules -- Columbia, Methow, Okanogan and Similkameen rivers.   Notwithstanding the provisions of WAC 232-28-619, effective immediately until further notice it is unlawful to violate the following provisions in the following waters:

(1) Columbia River from Highway 395 bridge at Pasco to the Old Hanford townsite wooden power line towers upstream of Ringold Springs Rearing Facility - Open for hatchery steelhead until further notice except only adipose and ventral fin-clipped hatchery steelhead may be possessed, adipose fin-clipped only hatchery-origin steelhead must be released. Release steelhead with disc tag attached.

(2) Columbia River from Rocky Reach Dam to Chief Joseph Dam Open until further notice. Night closure. Daily limit may contain up to two hatchery steelhead. Release steelhead with disc tag attached.

(3) Methow River - Mouth upstream to the confluence with the Chewuch River. Open until further notice. Selective gear rules except it is lawful to fish from motorized vessels. Night closure. Whitefish gear rules do not apply. Daily limit may contain up to two hatchery steelhead. Release steelhead with disc tag attached.

(4) Okanogan River - Open until further notice except closed from Zosel Dam downstream to one-quarter mile below railroad trestle. Selective gear rules except lawful to fish from motorized vessels. Night closure. Daily limit may contain up to two hatchery steelhead. Release steelhead with disc tag attached.

(5) Similkameen River - Mouth to 400 feet below Enloe Dam Open until further notice. Selective gear rules. Night closure. Whitefish gear rules do not apply. Daily limit may contain up to two hatchery steelhead. Release steelhead with disc tag attached.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900R Exceptions to statewide rules -- Columbia River. (02-259)

Washington State Code Reviser's Office