WSR 99-13-146

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-83-- Filed June 18, 1999, 4:41 p.m. ]

Date of Adoption: June 18, 1999.

Purpose: Commercial and personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05500W and 220-57-29000W; and amending WAC 220-32-055 and 220-57-290.

Statutory Authority for Adoption: RCW 75.08.080.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: The hatchery escapement goal has been reached at Carson, Little White Salmon, and Leavenworth hatcheries and harvestable salmon are available in the tributaries for the Yakama tribe and in the Icicle River for recreational fishers. This rule is consistent with the 1996-98 management agreement for 1999 fisheries, and conforms state and tribal rules. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

June 18, 1999

Larry Peck

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-32-05500X
Indian subsistence fishing

Notwithstanding the provisions of WAC 220-32-055 effective immediately until further notice, it is unlawful for a person possessing treaty fishing rights under the Yakama treaty to take or possess salmon taken for subsistence purposes from the Yakima River, Klickitat River, Wind River, Icicle River, or Drano Lake except under the following provisions:

a) The Yakima River from Horn Rapids Dam to Wapato Dam is open noon Wednesdays to 6:00 p.m. Saturdays of each week immediately to June 19, 1999. Fishing is not allowed from boats or other floating devices.

b) The Klickitat River from the site of the former Swinging Bridge (RM 1.5) to Fishway Number 5 (RM 2.2) is open noon Wednesdays to 6:00 p.m. Saturdays of each week immediately until further notice. Fishing is not allowed from boats or other floating devices.

c) The Wind River from the mouth to a marker 400 feet downstream of Shipperd Falls and from 200 feet above Shipperd Falls upstream to a marker 30 feet below the mouth of Tyee Springs (the outlet stream for Carson National Fish Hatchery) is open 7 days per week immediately to July 3, 1999.

d) Drano Lake from the Highway 14 Bridge to the orange markers near the mouth of the Little White Salmon River is open 7 days per week immediately to June 19, 1999. Each fisher is allowed to use a maximum of 2 fishing gears. Fishing is allowed from bank or boat.

e) The Icicle River where it borders the property of the U.S. Fish and Wildlife National Fish Hatchery at Leavenworth is open weekly from 9 a.m. Wednesdays through 6 p.m. Saturdays, effective immediately until July 17, 1999. Fishing is not allowed from boats or any other floating devices.

f) Allowable gear includes dipnets, setbag nets, or rod and reel with bait or lures. All other fishing gear and methods, including snagging are unlawful.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-32-05500W Indian subsistence fishing. (99-77)

NEW SECTION
WAC 220-57-29000W
Icicle River

Notwithstanding the provisions of WAC 220-57-290, effective June 20, 1999 through July 17, 1999 it is lawful to fish for salmon in those waters of the Icicle River from 400 feet downstream of the Leavenworth Fish Hatchery to the mouth. Daily limit one salmon greater than 12 inches in length. Night closure and non-buoyant lure restrictions are in effect.

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REPEALER

The following section of the Washington Administrative Code is repealed one hour after official sunset on July 17, 1999:


WAC 220-57-29000W Icicle River.

Washington State Code Reviser's Office