WSR 04-20-046

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-272 -- Filed September 30, 2004, 4:24 p.m. , effective October 1, 2004, 12:01 a.m. ]


Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900R; 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 recreational fishery upstream of Rocky Reach Dam will open to the retention of adipose-only clipped steelhead, and therefore the requirement for an adipose clip and right ventral clip is no longer necessary. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: September 30, 2004.

Jim Lux

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900T   Exceptions to statewide rules--Columbia, Methow, Okanogan and Similkameen rivers.   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. October 1, 2004 until further notice, it is unlawful to violate the following provisions in the following waters:

(1) For purposes of this section, "adipose fin clipped steelhead" means steelhead with an adipose fin clip and a healed scar at the site of the fin clip, whether or not any other fins are clipped or a healed scar is present at any other fin position.

(2) Columbia River from Rocky Reach Dam to Highway 17 Bridge at Bridgeport - Open until further notice. Night closure. Daily limit may contain up to two adipose fin clipped steelhead. Release steelhead with disk tag attached.

(3) Columbia River from Highway 395 Bridge at Pasco to the Old Hanford townsite wooden powerline towers upstream of Ringold Hatchery - Open until further notice. Daily limit may contain up to two steelhead with only adipose fin clipped. Release steelhead with disk tag attached.

(4) Methow River - Mouth (Highway 97 Bridge) upstream to the second powerline crossing, and from the first Highway 153 Bridge north of Pateros to the confluence with the Chewuch River. Open until further notice. Selective gear rules except lawful to fish from motorized vessels. Night closure. All species: Release all fish except up to two adipose fin clipped steelhead per day may be retained. Release steelhead with disk tag attached.

(5) Okanogan River - Open until further notice, except closed from Lake Osoyoos Control Dam (Zosel Dam) downstream to one-quarter mile below railroad trestle. Selective gear rules except lawful to fish from motorized vessels. Night closure. Gamefish: Open to all gamefish downstream from Highway 97 Bridge at Malott. Daily limit may contain up to two adipose fin clipped steelhead. Release steelhead with disk tag attached. Above Highway 97 Bridge at Malott, open only for adipose fin clipped steelhead. Daily limit may contain up to two adipose fin clipped steelhead. Release steelhead with disk tag attached.

(6) Similkameen River - Mouth to 400 feet below Enloe Dam - Open November 15 until further notice. Selective gear rules. Night closure. All species: Release all fish except up to two adipose fin clipped steelhead per day may be retained. Release steelhead with disk tag attached.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900R Exceptions to statewide rules--Columbia, Methow, Okanogan and Similkameen rivers. (04-267)

Legislature Code Reviser 

Register

Washington State Code Reviser's Office