WSR 02-09-009

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-70 -- Filed April 4, 2002, 3:50 p.m. , effective April 6, 2002, 12:01 a.m. ]

     Date of Adoption: April 4, 2002.

     Purpose: Amend personal use rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900S; 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: A management agreement for spring chinook was signed in 2001 that will allow for selective fishing for marked spring chinook in the Columbia River, while minimizing impacts to protected wild fish. The area below The Dalles Dam will provide opportunity for anglers to fish in a section of the Bonneville Pool and will not conflict with nonselective fisheries occurring in tributaries in the lower Bonneville Pool. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 6, 2002, 12:01 a.m.

April 4, 2002

J. P. Koenings

Director


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

     (1) Effective 12:01 a.m. April 6, 2002 until further notice, it is lawful to fish for and possess adipose fin-clipped spring chinook in those areas listed below.


Areas:          a) Those waters of the Columbia River from the I-5 Bridge upstream to 600 feet below the fish ladder at Bonneville Dam.

               b) 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.

               c) The Dalles Reservoir.

               d) John Day Reservoir.

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


     (2) Effective immediately until further notice it is lawful to fish for and possess trout in those waters of the Columbia River from Bonneville Dam to Buoy 10 and The Dalles and John Day

Pools. Daily limit two trout minimum size 12 inches in length. Release wild steelhead. Release wild cutthroat below Bonneville Dam.

     (3) Effective immediately until further notice, it is lawful to possess adipose fin clipped spring chinook in those waters on the mainstem Columbia from the I-5 Bridge to Buoy 10. Daily limit is six chinook salmon no more than two of which may be adults and all must be adipose fin clipped, minimum size 12 inches in length.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. April 6, 2002:


WAC 232-28-61900S Exceptions to statewide rules -- Columbia River. (02-31)

© Washington State Code Reviser's Office