WSR 08-06-023

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-33 -- Filed February 22, 2008, 3:32 p.m. , effective February 25, 2008 ]


Effective Date of Rule: February 25, 2008.

Purpose: Amend fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900A and 232-28-61900F; 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 cumulative wild steelhead impacts (incidental hooking mortality) allowed under the Washington department of fish and wildlife's NOAA ESA permit, which allows these fisheries, are anticipated to be reached by this date. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: February 22, 2008.

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900F   Exceptions to statewide rules -- Okanogan and Similkameen rivers.   Notwithstanding the provisions of WAC 232-28-619, it is unlawful to violate the following provisions in the following waters effective 12:01 a.m. February 25, 2008:

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

(2) Okanogan River - open until 11:59 p.m. March 31, 2008. Closed from Lake Osoyoos Control Dam (Zosel Dam) downstream to first Highway 97 Bridge downstream of the dam. Selective gear rules apply except it is okay to fish from motorized vessels. Night closure in effect. 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 anchor (floy) 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 anchor (floy) tag attached.

- Except: Effective March 1, 2008, a section from 500 feet below the Highway 155 Bridge (Central Street) at Omak to a line across the river 500 feet above the mouth of Omak Creek, closed to fishing.

(3) Similkameen River - Mouth to the Railroad Trestle Bridge (located one mile upstream of Highway 7 Bridge in Oroville): - open until 11:59 p.m. March 31, 2008. Closed to all fishing from the Railroad Trestle Bridge upstream to Enloe Dam. Selective gear rules apply. Night closure in effect. All species: Release all fish, except that up to two adipose fin clipped steelhead per day may be retained, and whitefish may be retained. Release steelhead with anchor (floy) tag attached. Whitefish gear rules do not apply.

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REPEALER


The following section of the Washington Administrative Code is repealed, effective February 25, 2008:


WAC 232-28-61900A Exceptions to statewide rules -- Columbia, Wenatchee, Methow, Okanogan and Similkameen rivers. (08-18)

The following section of the Washington Administrative Code is repealed, effective 12:01 a.m. April 1, 2008:


WAC 232-28-61900F Exceptions to statewide rules -- Okanogan and Similkameen rivers.

Washington State Code Reviser's Office