EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: April 26, 2002.
Purpose: Amend personal use fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900D, 232-28-61900M and 220-56-28500B; 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: The upriver spring chinook run size is less than the preseason forecast. A management agreement for spring was signed in 2001 with allowable impacts for non-Indian fisheries. Impacts are near the ESA guidelines and the closure below Bonneville Dam is necessary to maintain the preseason management objectives to provide some impacts to fisheries above Bonneville and McNary dams. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 3.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.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 29, 2002, 12:01 a.m.
April 26, 2002
Jim Lux
for Jeff Koenings
Director
(1) Effective 12:01 a.m. April 29, 2002 until further notice, it is unlawful to fish for and possess adipose fin-clipped spring chinook in those waters of the Columbia River from Buoy 10 upstream to 600 feet below the fish ladder at Bonneville Dam.
(2) Effective 12:01 a.m. April 29, 2002 until further notice, it is lawful to fish for and possess adipose fin-clipped spring chinook in those areas listed below.
(a) 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.
(b) The Dalles Reservoir.
(c) John Day Reservoir.
(d) Daily limit: 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.
(3) Effective 12:01 a.m. April 29, 2002 through 11:59 p.m. May 15, 2002 it is unlawful to fish for and possess trout in those waters of the Columbia River from the I-5 Bridge to Buoy 10.
(4) Effective 12:01 a.m. April 29, 2002 through 11:59 p.m. June 15, 2002 it is unlawful to fish for and possess trout in those waters of the Columbia River from Bonneville Dam to the I-5 Bridge.
(5) Effective immediately until further notice it is lawful to fish for and possess trout in those waters of the Columbia River of The Bonneville Reservoir upstream from the Tower Island power lines; The Dalles and John Day Pools. 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.
(a) Daily limit two trout minimum size 12 inches in length. Release wild steelhead.
Release wild cutthroat below Bonneville Dam
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The following section of the Washington Administrative Code is repealed:
| WAC 232-28-61900M | Exceptions to statewide rules--Columbia River. (02-11) |
| WAC 232-28-61900D | Exceptions to statewide rules--Columbia River. (02-70) |
| WAC 220-56-28500B | Shad--Areas and seasons. (02-31) |