WSR 98-02-040

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-02--Filed January 2, 1998, 4:24 p.m., effective January 5, 1998, 12:01 a.m.]

Date of Adoption: January 2, 1998.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 232-28-619 and 232-12-619.

Statutory Authority for Adoption: RCW 77.12.040.

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: Hatchery returns of steelhead are a predictor of wild returns. Hatchery returns reflect insufficient numbers of wild steelhead. Wild steelhead spawning populations are deemed to be at risk. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 2, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: January 5, 1998, 12:01 a.m.

January 2, 1998

Elyse Kane

for Bern Shanks

Director

NEW SECTION

WAC 232-12-61900A Washington state-wide game fish regulations. Notwithstanding the provisions of WAC 232-12-619, effective 12:01 a.m. January 5, 1998, until further notice it is unlawful to retain wild steelhead caught in all state waters.

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NEW SECTION

WAC 232-28-61900B Washington game fish seasons and catch limits--Exceptions to statewide rules. Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. January 5, 1998, until further notice it is unlawful to fish for or possess steelhead taken from the following waters:

(1) Green River - Closed from 500 feet below the hatchery trap at Palmer, upstream to the outlet of the upper rearing pond.

(2) Snoqualmie River - Closed from the Plumb access boat launch ramp to Snoqualmie Falls.

(3) Tokul Creek - Closed

(4) Skykomish River - Closed from 1,000 feet downstream from the Reiter Ponds outlet to 1,500 upstream of the Reiter Ponds outlet.

(5) Stillaguamish River, north fork - Closed from the mouth of French Creek upstream to Swede Heaven Bridge.

(6) Skagit River - Closed from the 530 Bridge at Rockport to the Cascade Road Bridge at Marblemount.

(7) Cascade River - Closed from the mouth to Cascade/Rockport Bridge.

(8) Bogachiel River - Closed from the mouth of the Calawah River to the WDFW boat launch immediately upstream of the outlet to the Bogachiel Hatchery.

(9) Naselle River - Closed from the Highway 4 Bridge to the Big Hill Bridge.

(10) Willapa River - Closed from the Highway 6 Bridge (approximately two miles downstream from the mouth of Trap Creek to Forks Creek.

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