WSR 04-07-004

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-36 -- Filed March 3, 2004, 4:18 p.m. , effective March 5, 2004, 12:01 a.m. ]

Date of Adoption: March 3, 2004.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900F and 232-28-61900N; 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 winter whitefish season allows the use of bait; with a 3/16 (Sz. 14) hook size. However, anglers have been targeting steelhead under the guise of fishing for whitefish. Since steelhead are listed under the Endangered Species Act as endangered, fisheries are constrained by take limits. The Methow, Chewuch, and Wenatchee rivers whitefish fisheries have met the take authorization associated with the whitefish season. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 5, 2004, 12:01 a.m.

March 3, 2004

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900N   Exceptions to statewide rules -- Chewuch, Methow, Wenatchee, Columbia, Okanogan and Similkameen rivers.   Notwithstanding the provisions of WAC 232-28-619; effective immediately until further notice it is unlawful to violate the following provisions in the following waters:

(1) Chewuch River - From mouth to Pasayten Wilderness Boundary

Closed to fishing March 5, 2004 through March 31, 2004.

(2) Methow River - From mouth to falls above brush Creek

Closed to fishing from March 5, 2004 through March 31, 2004.

(3) Wenatchee River - From mouth to Highway 2 Bridge in Leavenworth

Closed to fishing from March 5, 2004 through March 31, 2004.

(4) Columbia River from Highway 395 Bridge at Pasco to the Old Hanford townsite wooden power line towers upstream of Ringold Springs Rearing Facility - Open only through March 31, 2004, to fish for and possess up to two hatchery steelhead per day.

(5) Okanogan River - Open only through March 31, 2004, from mouth upstream, except closed from Zosel Dam downstream to one-quarter mile below railroad trestle. Selective gear rules except lawful to fish from motorized vessels. Night closure. Daily limit may contain up to two adipose fin-clipped steelhead.

- Except: The area from the Highway 97 Bridge at Omak to a line across the river 500 feet above the mouth of Omak Creek, closed to fishing.

(6) Similkameen River - Open only through March 31, 2004, from mouth to 400 feet below Enloe Dam. Selective gear rules. Night closure. Daily limit may contain up to two adipose fin-clipped steelhead.

[]

Reviser's note: The typographical 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 12:01 a.m. March 5, 2004:


WAC 232-28-61900F Exceptions to statewide rules -- Columbia, Methow, Okanogan and Similkameen rivers. (03-314)

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. April 1, 2004:


WAC 232-28-61900N Exceptions to statewide rules -- Chewuch, Methow, Wenatchee Columbia, Okanogan and Similkameen rivers.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office