WSR 02-03-015

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-04 -- Filed January 4, 2002, 9:39 a.m. , effective January 5, 2002, 12:01 a.m. ]

     Date of Adoption: January 4, 2002.

     Purpose: Amend personal use rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900L; 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: Returns of early hatchery winter steelhead to southwest Washington Columbia River tributaries have been strong. This regulation provides additional opportunity to harvest the early portion of the Cowlitz River run. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 5, 2002, 12:01 a.m.

January 4, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900L   Exceptions to statewide rules--Blue and Mill creeks (Lewis County)   Notwithstanding the provisions of WAC 232-28-619:

     (1) Effective 12:01 a.m. January 5 through January 31, 2002, it is lawful to fish in those waters of Blue Creek from the mouth upstream to posted sign at rearing pond outlet - Special daily limit of three hatchery (adipose clipped) steelhead may be retained as part of the five trout daily limit. Trout minimum size 12 inches in length. Only wheel-chair bound anglers may fish from posted sign above rearing pond outlet to posted sign about 40 feet downstream including the rearing pond outlet. Wild cutthroat and wild steelhead plus steelhead with missing right ventral fins must be released.

     (2) Effective 12:01 a.m. January 5 through January 31, 2002, it is lawful to fish in those waters of Mill Creek from mouth upstream to hatchery road crossing culvert - Special daily limit of three hatchery (adipose clipped) steelhead, minimum size 20 inches in length. Wild steelhead and steelhead missing right ventral fins must be released.

     (3) Night closures and non-buoyant lure restrictions in effect.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. February 1, 2002:


WAC 232-28-61900L Exceptions to statewide rules -- Blue and Mill creeks (Lewis County)

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