WSR 04-11-003

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-102 -- Filed May 5, 2004, 1:22 p.m. , effective May 8, 2004, 12:01 a.m. ]

     Date of Adoption: May 5, 2004.

     Purpose: Amend personal use rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900A and 232-28-61900G; 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 run size forecast for upriver spring chinook has been downgraded to 200,000 fish, compared to the preseason forecast of 360,700 fish. Non-Indian impacts to listed upriver spring chinook in fisheries downstream of Lower Granite Dam have been achieved based on the current run size of 200,000. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 8, 2004, 12:01 a.m.

May 5, 2004

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900G   Exceptions to statewide rules -- Snake River.   Notwithstanding the provisions of WAC 232-28-619:

     (1) Effective immediately through May 31, 2004, in those waters of the Snake River from Southway Bridge crossing the Snake River at Lewiston/Clarkston upstream to the Heller Bar concrete boat ramp below the confluence of the Grande Ronde River, it is lawful to fish for and possess salmon. Daily limit of two hatchery chinook salmon, minimum size 12 inches in length.

     (a) It is unlawful to use barbed hooks when fishing for all species.

     (b) It is unlawful to use any hook larger than 5/8 inch (point of hook to shank) when fishing for all species.

     (c) Night closure is in effect.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. May 8, 2004:


WAC 232-28-61900A Exceptions to statewide rules -- Snake River. (04-84)

     The following section of the Washington Administrative Code is repealed effective June 1, 2004:


WAC 232-28-61900G Exceptions to statewide rules -- Snake River.

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