WSR 02-17-036

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-195 -- Filed August 13, 2002, 2:49 p.m. ]

     Date of Adoption: August 13, 2002.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900X; 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: These rules are part of the agreed to North of Falcon annual fish management plans. These rules are interim until permanent rules take effect.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: Immediately.

August 13, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900D   Exceptions to statewide rules--Baker, Cispus, Cowlitz, Green, Hoh, Klickitat, Lewis (inclduing North Fork), Nooksack, Puyallup, Skagit, and Toutle (including North Fork) rivers and Lake Scanewa (Cowlitz Falls Reservoir).   Notwithstanding the provisions of WAC 232-28-619, it is unlawful to violate the following provisions:

     (1) Baker River (Skagit County) - Mouth to Highway 20 Bridge closed through August 31, 2002.

     (2) Cispus River (Lewis County) -

     (a) Effective immediately until further notice, special daily limit of six salmon no more than one may be an adult in those waters of the Cispus River from posted markers at Lewis County PUD kayak launch upstream to the North Fork.

     (3) Cowlitz River (Cowlitz/Lewis County)

     (a) Effective immediately until further notice, special daily limit of six salmon no more than two may be adults in those waters of the Cowlitz River from boundary markers at mouth upstream to 400 feet or posted markers below barrier dam.

     (b) Effective immediately until further notice, up to three hatchery steelhead may be retained as part of the trout daily limit in those waters of the Cowlitz River from the boundary markers at the mouth upstream to 400 feet or posted markers below the barrier dam. Wild steelhead and steelhead with missing right ventral fins must be released.

     (c) Effective immediately until further notice, those waters of the Cowlitz River from Mill Creek to 400 feet or posted deadline below the barrier dam on the south side of the river are re-opened to fishing.

     (d) Effective immediately until further notice, special daily limit of six salmon no more than one may be an adult in those waters of the Cowlitz River from the upstream boundary of Lake Scanewa (Cowlitz Falls Reservoir) upstream to the confluence of Muddy and Ohanapecosh rivers.

     (4) Lake Scanewa (Cowlitz Falls Reservoir) (Lewis County)

     (a) Effective immediately until further notice, special daily limit of six salmon no more than one may be an adult in those waters of Lake Scanewa from Cowlitz Falls Dam upstream to the posted Lewis County PUD sign on Peters Road on the Cowlitz Arm and the posted markers at the Lewis County PUD kayak launch on the Cispus Arm.

     (5) Green River (Cowlitz County) Release wild chinook from mouth upstream to 2800 Road Bridge.

     (6) Hoh River (Jefferson County): Mouth to Willoughby Creek:

     (a) Season: open to angling immediately until further notice, except closed to salmon fishing on Mondays and Tuesdays in August.

     (b) Size and daily limits:

     (i) Trout - 14 inch minimum size, 2 fish daily limit, wild steelhead release.

     (ii) Other game fish - statewide rules

     (iii) Salmon - through August 31: 12 inch minimum size, 6 fish daily limit, no more than 1 adult salmon. September 1 through November 30: 12 inch minimum size, 6 fish daily limit, no more than 2 adult salmon.

     (7) Hoh River (Jefferson County) Willoughby Creek to Morgan's Crossing Boat Launch:

     (a) Season: open to angling immediately until further notice, except closed to salmon fishing through October 15.

     (b) Size and daily limits:

     (i) Trout - 14 inch minimum size, 2 fish daily limit, wild steelhead release.

     (ii) Other game fish - statewide rules

     (iii) Salmon - 12 inch minimum size, 6 fish daily limit, no more than 2 adult salmon.

     (c) Selective gear rules in effect through October 15.

     (8) Hoh River (Jefferson County) Morgan's Crossing Boat Launch to Olympic National Park Boundary below mouth of South Fork Hoh River:

     (a) Season: open to angling immediately until further notice, except closed to salmon fishing.

     (b) Size and daily limits:

     (i) Trout - 14 inch minimum size, 2 fish daily limit, wild steelhead release.

     (ii) Other game fish - statewide rules

     (c) Selective gear rules in effect.

     (9) Hoh River, South Fork (Jefferson County) Effective immediately until further notice, selective gear rules are in effect.

     (10) Klickitat River (Klickitat County) - Effective immediately until further notice, special daily limit of six salmon, no more than two may be adults in those waters of the Klickitat River from 400 feet above #5 fishway upstream to boundary markers just below Klickitat Hatchery.

     (11) Lewis River from boundary markers at mouth upstream to mouth of east fork (Clark County)

     (a) Effective immediately until further notice, special daily limit of six salmon, no more than two may be adults.

     (b) Effective immediately until further notice, up to three hatchery steelhead may be retained as part of the trout daily limit. Trout minimum size is 20 inches. Wild steelhead must be released.

     (12) North Fork Lewis River from forks to Colvin Creek (Clark County).

     (a) Effective immediately until further notice, special daily limit of six salmon, no more than two may be adult salmon.

     (b) Effective immediately until further notice, up to three hatchery steelhead may be retained as part of the trout daily limit. Trout minimum size is 20 inches. Wild steelhead must be released.

     (c) Effective immediately until further notice, those waters of the North Fork Lewis River between Johnson Creek and Colvin Creek are open to boat and bank fishing.

     (13) North Fork Lewis River from Colvin Creek to overhead power lines below Merwin Dam (Clark County).

     (a) Effective immediately through September 30, 2002, special daily limit of six salmon, no more than two may be adults. Minimum size 12 inches.

     (b) Effective immediately through September 30, 2002, up to three hatchery steelhead may be retained as part of the trout daily limit. Trout minimum size is 20 inches. Wild steelhead must be released.

     (14) Nooksack River (Whatcom County) - Effective August 1 until further notice nonbuoyant lures allowed.

     (15) Puyallup River (Pierce County) - Effective August 1 until further notice salmon daily limit may contain no more than 1 adult chinook.

     (16) Skagit River (Skagit County) - Gilligan Creek to Bacon Creek salmon fishing closed until further notice.

     (17) Toutle River (Cowlitz County) - Effective August 1, 2002 until further notice lawful to retain chinook in daily limit in those waters of the Toutle River from mouth to forks. Release chum and wild coho.

     (18) North Fork Toutle River (Cowlitz County) - Effective August 1, 2002 until further notice lawful to retain chinook in daily limit in those waters of the North Fork Toutle River from confluence at the forks upstream to posted deadline downstream of the fish collection facility. Release chum and wild coho.

[]

     Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900X Exceptions to statewide rules--Baker, Cispus, Cowlitz, Green, Hoh, Klickitat, Lewis (inclduing North Fork), Nooksack, Puyallup, Skagit, Skykomish and Toutle (including North Fork) rivers and Lake Scanewa (Cowlitz Falls Reservoir). (02-148)

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

© Washington State Code Reviser's Office