FISH AND WILDLIFE
Effective Date of Rule: May 1, 2011.
Purpose: Amend personal use fishing rules.
Citation of Existing Rules Affected by this Order: Amending WAC 220-55-160, 220-55-220, 220-55-230, 220-56-240, 220-56-270, and 232-28-619.
Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.
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 department is in the process of adopting permanent rules that are necessary to implement the recreational fishing seasons, limits and other regulations. These emergency rules are interim until the permanent rules take effect.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 6, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 28, 2011.
Swift Reservoir - From dam to markers approximately 3/8 mile below Eagle Cliff Bridge to bridge.
Mainstem Columbia River from the Rocky Point/Tongue Point line to Chief Joseph Dam
Deep River (Wahkiakum County)
Grays River (Wahkiakum County) mouth to mouth of South Fork
Grays River, West Fork - mouth to hatchery intake footbridge
Grays River, East Fork
Skamokawa River (Wahkiakum County) - mouth (Hwy 4 Bridge) to forks below Oatfield and Middle Valley Rd.
Elochoman River (Wahkiakum County) mouth to mouth of West Fork
Mill Creek (Cowlitz/Wahkiakum County)
Abernathy Creek (Cowlitz County) - mouth to Abernathy Falls
Germany Creek (Cowlitz County) - mouth to end of Germany Creek Rd.
Coal Creek (Cowlitz County) - mouth to 400 feet below falls
Cowlitz River (Cowlitz County) - mouth to mouth of Ohanepecosh and Muddy forks
Blue Creek - mouth to Spencer Rd.
Lacamas Creek (Lewis County)
Mill Creek (Lewis County) - mouth to hatchery road crossing culvert
Tilton River - mouth to West Fork
Tilton River, East Fork
Tilton River, North Fork
Tilton River, South Fork
Tilton River, West Fork
Cispus River (Lewis County) - mouth to North Fork
Coweeman River (Cowlitz County)
Toutle River (Cowlitz County) - mouth to forks
Toutle River, North Fork
Toutle River, South Fork
Green River (Cowlitz County) - mouth to Miner's Creek
Kalama River (Cowlitz County) - mouth to Kalama Falls
Lewis River (Clark/Cowlitz counties) - mouth to mouth of East Fork
Lewis River, North Fork - mouth to Merwin Dam
Lewis River, East Fork
Cedar Creek (Clark County)
Salmon Creek (Clark County) - mouth to 72nd Ave NE
Washougal River (Clark County)
Washougal River West, North Fork
Camas Slough (Clark County)(waters outside the mouth of the Washougal River, north of Lady Island, and downstream of the Hwy 14 Bridge at the upstream end of Lady Island)
Drano Lake (Skamania County) - (Little White Salmon River downstream of markers on point of land downstream and across from Little White Salmon National Fish Hatchery and upstream of Hwy 14 Bridge)
Hamilton Creek (Skamania County)
Rock Creek (Skamania County)
Wind River (Skamania County)
White Salmon River (Klickitat/Skamania counties) - mouth to Northwestern (Condit) Dam
Klickitat River (Klickitat County)
Walla Walla River (Walla Walla County) and tributaries.
Mill Creek (Walla Walla County)
Touchet River (Columbia/Walla Walla counties) mouth to confluence of North Fork and South Fork.
Touchet River, North Fork
Touchet River, South Fork
Touchet River, Wolf Fork
Grande Ronde River (Asotin County)
Snake River mainstem
Palouse River (Whitman County) - mouth to the base of Palouse Falls
Tucannon River (Columbia/Garfield counties)
Yakima River (Benton/Yakima/Kittitas counties) - mouth to 400' below Prosser Dam and Sunnyside (Parker) Dam - Roza Dam
Wenatchee River - mouth to Lake Wenatchee (including Lake Jolanda)
Chelan River (Chelan County) mouth (Railroad Bridge) to Chelan PUD safety barrier below the powerhouse
Icicle River (Chelan County) - mouth to Leland Creek
Lake Wenatchee (Chelan County)
Entiat River (Chelan County) - mouth to Entiat Falls
Methow River (Okanogan County) - mouth to Foghorn Dam
Okanogan River (Okanogan County)
Lake Osoyoos (Okanogan County)
Similkameen River (Okanogan County) - mouth to Enloe Dam
(2) Fishing for smelt other than Columbia River smelt (eulachon) is permitted the entire year on Pacific Ocean beaches and in all rivers concurrent with a salmon or gamefish opening, except closed in the Columbia River and tributaries.
(3) Fishing for smelt other than Columbia River smelt or eulachon (Thaleichthys pacificus) is open in Puget Sound and the Strait of Juan de Fuca the entire year, except closed weekly from 8:00 a.m. Wednesday to 8:00 a.m. Friday for all types of gear except forage fish jigger gear and closed year-round in Catch Record Card Area 12. Violation of this subsection is an infraction, punishable under RCW 77.15.160.
Reviser's note: The unnecessary underscoring 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.
WAC 232-28-61900B Exceptions to statewide rules. Notwithstanding the provisions of WAC 232-28-619, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:
(1) Capitol Lake (Thurston County); Closed to all fishing.
(2) Columbia River - Closed to fishing for sturgeon from May 1 through July 31, 2011, from the boundary marker on the river bank 400 feet downstream from the Priest Rapids Hatchery outlet channel (Jackson Creek) to Priest Rapids Dam.