WSR 04-24-063

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-310 -- Filed November 29, 2004, 4:46 p.m. , effective December 1, 2004, 12:01 a.m. ]


Purpose: Amend recreational fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900T; 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: NOAA fisheries approved marked hatchery-origin steelhead fisheries in the Upper Columbia Steelhead Evolutionary Significant Unit in October 2004. These fisheries may continue with a modification to the emergency rules issued previously. Modification: Change the whitefish gear rules to match the current steelhead rules in the Methow and Similkameen rivers. This regulation modification will simplify rules for anglers and make the selective gear rules for steelhead enforceable. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 29, 2004.

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900Y   Exceptions to statewide rules -- Columbia, Methow, Okanogan and Similkameen rivers.   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. December 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 to gamefish 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 to steelhead until further notice. Daily limit may contain up to two steelhead with either adipose or ventral fin clipped and a healed scar at the fin position. 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. Whitefish gear rules do not apply. Selective gear rules except lawful to fish from motorized vessels. Night closure. Open to steelhead and whitefish until further notice. Daily limit may contain up to two adipose fin clipped steelhead. 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 bridge at Malott. Daily limit may contain up to two adipose fin clipped steelhead. Release steelhead with disk tag attached. Above highway 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 until further notice. Whitefish gear rules do not apply. Selective gear rules. Night closure. Open only to adipose fin clipped steelhead and whitefish. 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 effective 12:01 a.m. December 1, 2004:


WAC 232-28-61900T Exceptions to statewide rules -- Columbia, Methow, Okanogan and Similkameen rivers. (04-272)

Legislature Code Reviser 

Register

Washington State Code Reviser's Office