EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: February 5, 2002.
Purpose: Amend personal use 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: Washington hatcheries have been clipping adipose fins on spring chinook to identify them as hatchery fish. 2002 is the first year that all age classes of hatchery spring chinook returning to Washington lower Columbia tributaries will be missing adipose fins. Adult spring chinook returns to the Cowlitz and Lewis rivers are not expected to be sufficient to allow full season fishing opportunities. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.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:
February 6, 2002.
February 5, 2002
J. P. Koenings
Director
(1) Effective February 6, 2002 until further notice, it is unlawful to possess chinook salmon with adipose fins intact from the following waters:
(a) Cispus River - from posted markers at the Lewis County PUD Kayak launch upstream to the North Fork.
(b) Cowlitz River - from boundary markers at mouth upstream to 400 feet or posted markers below barrier dam and those waters from upstream boundary of Lake Scanewa (Cowlitz Falls Reservoir) upstream to the confluence of Muddy and Ohanapecosh rivers..
(c) Deep River - from mouth upstream to town bridge.
(d) Kalama River - from boundary markers at the mouth upstream to 1000 feet below the upper salmon hatchery.
(e) Lewis River from boundary markers at the mouth upstream to mouth of East Fork.
(f) North Fork Lewis River - from mouth upstream to overhead power lines below Merwin Dam.
(2) Effective April 1, 2002 until further notice, it is unlawful to possess chinook salmon with adipose fins intact from the following waters:
(b) Green River (Cowlitz County) - from mouth upstream to 2800 Road Bridge.
(3) Effective February 6, 2002 until further notice special daily limit of six salmon no more than one may be an adult salmon in the following waters:
(a) Cowlitz River - from boundary markers at mouth upstream to 400 feet or posted markers below barrier dam and those waters from upstream boundary of Lake Scanewa (Cowlitz Falls Reservoir) upstream to the confluence of Muddy and Ohanapecosh rivers.
(b) Cispus River - from posted markers at Lewis County PUD Kayak launch upstream to the North Fork.
(4) Effective February 6, 2002 until further notice in those waters of the Cowlitz River from boundary markers at mouth upstream to 400 feet or posted markers below barrier dam the minimum size for salmon is 12 inches in length.
(5) Effective May 1, 2002 until further notice special daily limit of six salmon no more than one may be an adult salmon in the following waters:
(a) Lewis River - from boundary markers at mouth to mouth of East Fork.
(b) North Fork Lewis River - from mouth to Colvin Creek
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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.