WSR 08-13-039

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-131 -- Filed June 11, 2008, 3:21 p.m. , effective June 11, 2008, 3:21 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900E; 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: Implementing selective gear rules for this section of the Hoh was for the purpose of facilitating the release of wild chinook and steelhead, and was not intended to preclude fishing from motorized boats. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: June 11, 2008.

Loreva M. Preuss

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900Y   Exceptions to statewide rules -- 2008 North of Falcon.   Notwithstanding the provisions of WAC 232-28-619, effective immediately until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:

(1) Baker River (Skagit Co.): Mouth to Highway 20 Bridge: Salmon: Open June 14 through July 31, except closed 12:01 a.m. June 30 through 2:00 p.m. July 2, and 12:01 a.m. July 9 through 2:00 p.m. July 11. Non-buoyant lure restriction and night closure in effect. Daily limit 2 sockeye salmon.

From Highway 20 Bridge upstream 250' to boundary markers: Gamefish: Closed. Salmon: Open June 14 through July 31. Non-buoyant lure restriction and night closure in effect. Daily limit 2 sockeye salmon.

(2) Cascade River (Skagit Co.): From the mouth to the Rockport-Cascade Road Bridge: Salmon: Open through July 15. Non-buoyant lure restriction and night closure in effect. Daily limit 4 salmon, no more than 2 adults. Release all salmon except hatchery Chinook.

(3) Columbia River, From Priest Rapids Dam to Chief Joseph Dam, including up to base of Washburn Pond outlet structure: Salmon: From Priest Rapids Dam to Wells Dam: Open July 1 until further notice. Daily limit 6 fish of which no more than 2 may be adult salmon. Release coho and sockeye. From Wells Dam to Chief Joseph Dam: Daily limit 6 fish of which no more than 2 may be adult salmon. Release coho and sockeye. July 1 through July 15: open only from Highway 173 Bridge at Brewster to Highway 17 Bridge at Bridgeport. July 16 until further notice: open only from Wells Dam to Highway 17 Bridge at Bridgeport.

(4) Hoh River (Jefferson Co.), Outside of Olympic National Park: Open until further notice. Selective gear rules, except fishing allowed from floating devices equipped with an internal combustion engine July 1 through August 31 from lower Olympic National Park boundary upstream to Oxbow campground boat launch. Selective gear rules July 1 until further notice from Oxbow campground boat launch to Willoughby Creek, June 1 until further notice from Willoughby Creek to Morgan's Crossing Boat Launch, and June 1 until further notice from Morgan's Crossing Boat Launch to the mouth of South Fork. Trout: Minimum length 14 inches. Salmon: From Olympic National Park boundary upstream to Willoughby Creek: Open until further notice. Open Wednesday through Sunday only of each week, daily limit 6 fish of which only 1 may be an adult, release wild Chinook.

(5) Naselle River (Pacific/Wahkiakum counties), From Highway 101 Bridge to Highway 4 Bridge: Salmon: Open August 1 until further notice. Daily limit 6 fish of which no more than 3 may be adult salmon and of these 3 adult fish no more than 2 may be adult Chinook. Release wild coho.

(6) Nemah River, Middle Fork and South Fork (Pacific Co.): Salmon: Open August 1 until further notice on Middle Nemah from mouth to DNR Bridge and South Nemah from mouth to confluence with Middle Nemah. Middle and South Nemah: Daily limit 6 fish of which no more than 2 may be adult salmon and of the two adult fish no more than one may be a wild adult coho.

(7) Nooksack River (Whatcom Co.), from mouth to forks, Middle Fork to Dam and North Fork to Maple Creek: Nonbuoyant lure restriction and night closure in effect until further notice.

(8) Nooksack River, South Fork (Skagit/Whatcom counties): From mouth to Skookum Creek: Night closure in effect until further notice.

(9) Puyallup River (Pierce Co.): From mouth to the Electron power plant outlet: Salmon: Open August 16 until further notice from mouth to Carbon River. Daily limit 6 fish of which no more than 2 may be adult salmon. Release wild adult Chinook.

(10) Skagit River (Skagit/Whatcom counties):

(a) From the Dalles Bridge at Concrete to the Highway 530 Bridge at Rockport: Salmon open June 14 through July 31, except closed 12:01 a.m. June 30 until 2:00 p.m. July 2, and 12:01 a.m. July 9 until 2:00 p.m. July 11, and closed from 200 feet above the mouth of the Baker River to the Highway 530 Bridge at Rockport. Daily limit two sockeye salmon. Release all salmon except sockeye salmon.

(b) From the Highway 530 Bridge at Rockport to the Cascade River - Salmon open June 1 through July 15. Non-buoyant lure restriction and night closure in effect. Daily limit four salmon, no more than 2 adults. Release all salmon except hatchery Chinook.

(11) Willapa River (Pacific Co.): Salmon: Open August 1 until further notice from mouth to Highway 6 Bridge approximately 2 miles below mouth of Trap Creek. Daily limit 6 fish of which no more than 3 may be adult salmon and of the adult salmon not more than one may be a wild adult coho and not more than two may be adult Chinook.

[]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900E Exceptions to statewide rules -- 2008 North of Falcon. (08-91)

Washington State Code Reviser's Office