WSR 03-10-033

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-87 -- Filed April 29, 2003, 3:42 p.m. , effective May 4, 2003, 12:01 a.m. ]

     Date of Adoption: April 29, 2003.

     Purpose: Amend personal use rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900T and 232-28-61900Z; 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: Modification of the Columbia River spring chinook sport fishery above Bonneville Dam is necessary to keep impacts to listed upriver spring chinook within the guidelines of the preseason plans and consistent with the 2001 management agreement. Conforms Washington and Oregon state rules in concurrent waters. There is insufficient time to promulgate permanent regulations.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 4, 2003, 12:01 a.m.

April 29, 2003

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900Z   Exceptions to statewide rules -- Columbia River   Notwithstanding the provisions of WAC 232-28-619:

     (1) Effective immediately through May 15, 2003, it is unlawful to fish for or possess spring chinook, steelhead, and shad in those waters of the Columbia River from the I-5 Bridge upstream to 600 feet below the fish ladder at Bonneville Dam.

     (2) Effective immediately through May 15, 2003, it is lawful to fish for and possess adipose fin-clipped spring chinook, adipose fin-clipped steelhead, and shad in those waters of the Columbia River from Buoy 10 upstream to the I-5 Bridge.

     1) Daily limit: Six chinook, no more than two of which may be adults, and all of which must be adipose fin-clipped, and minimum size 12 inches in length. Two trout minimum size 12 inches in length. Release wild steelhead and wild cutthroat.

     2) Season: Open Wednesdays through Saturdays only.

     (3) Effective May 4, 2003 through May 15, 2003, it is lawful to fish for and possess adipose fin-clipped spring chinook, adipose fin-clipped steelhead, and shad in those areas listed below:

     1) Areas: 1) The Bonneville Reservoir upstream from the Tower Island power lines.

     Waters upstream from the Interstate Bridge (Highway 197) to The Dalles Dam are closed except that bank fishing is permitted up to the downstream navigation lock wall on the Washington shore.

     2) The Dalles Reservoir.

     3) John Day Reservoir.

     2) Daily limit: Six chinook, no more than two of which may be adults, and all of which must be adipose fin-clipped, and minimum size 12 inches in length. Two trout minimum size 12 inches in length. Release wild steelhead.

     3) Season: Open Wednesdays through Saturdays only.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. May 4, 2003:


WAC 232-28-61900T Exceptions to statewide rules -- Columbia River. (03-58)

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. May 16, 2003:


WAC 232-28-61900Z Exceptions to statewide rules -- Columbia River. (03-87)

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