WSR 01-20-024

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-212 -- Filed September 25, 2001, 8:40 a.m. , effective September 26, 2001, 12:01 a.m. ]

     Date of Adoption: September 24, 2001.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: 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: Based on current fall chinook returns to the Cowlitz and Toutle facilities, the hatchery escapement goal is now expected to be met. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 26, 2001, 12:01 a.m.

September 24, 2001

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900X   Exceptions to statewide rules -- Cowlitz, Green and Toutle rivers.   Notwithstanding the provisions of WAC 232-28-619:

     (1) Cowlitz River

     (a) Effective 12:01 a.m. September 26, 2001 until further notice in those waters of the Cowlitz River from the mouth upstream to 400 feet downstream or posted markers below the barrier dam, special daily limit of six salmon of which no more then two may be adult chinook salmon.

     (b) Effective 12:01 a.m. October 1 through December 31, 2001, in those waters of the Cowlitz River from Blue Creek upstream to Mill Creek daily limit of six salmon, except release chinook salmon.

     (2) Toutle River (including North Fork Toutle River)

     (a) Effective 12:01 a.m. September 26, through November 30, 2001, in those waters of the Mainstem Toutle River from the mouth to the forks and the North Fork Toutle River from confluence with the South Fork to the posted deadline at the fish collection facility, special daily limit of six salmon of which no more then two may be adult chinook salmon.

     (b) Effective 12:01 a.m. October 1 through November 30, 2001, in those waters on the North Fork Toutle River from the Highway 504 Bridge near Kidd Valley upstream to the posted deadline at the Fish Collection facility, daily limit of six salmon, except release chinook salmon.

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

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