WSR 11-10-047

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-71 -- Filed April 28, 2011, 2:36 p.m. , effective May 1, 2011 ]


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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 6, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

Philip Anderson

Director


NEW SECTION
WAC 220-55-16000B   Free fishing weekend.   Notwithstanding the provisions of WAC 220-55-160, during Free Fishing Weekend, anglers may fish with two poles in lakes where it is legal to do so without purchasing a two-pole endorsement, and may also fish in all open areas of the Columbia River and tributaries without purchasing a Columbia River endorsement. During Free Fishing Weekend, only the license, endorsements, and permit provided for in this section are affected, and all other rules, including the catch record card requirement, remain in effect.

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NEW SECTION
WAC 220-55-22000A   Two pole endorsement.   Notwithstanding the provisions of WAC 220-55-220, it is unlawful for anglers who are in possession of a valid two-pole endorsement to fish with two lines in the following waters:

Swift Reservoir - From dam to markers approximately 3/8 mile below Eagle Cliff Bridge to bridge.

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NEW SECTION
WAC 220-55-23000C   Columbia River endorsement.   Notwithstanding the provisions of WAC 220-55-230, anglers fifteen years of age or older must be in possession of a valid Columbia River endorsement to fish for salmon or steelhead in the following waters:


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

Olequa Creek

Tilton River - mouth to West Fork

Tilton River, East Fork

Tilton River, North Fork

Tilton River, South Fork

Tilton River, West Fork

Mayfield Lake

Lake Scanewa

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

Gobar Creek


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

Little Washougal


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

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NEW SECTION
WAC 220-56-24000G   Daily limits forage fish and other food fish not otherwise provided for.   Notwithstanding the provisions of WAC 220-56-240, the daily limit for Shiner perch is 15 fish in all Marine waters.

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NEW SECTION
WAC 220-56-27000J   Smelt--Areas and seasons.   (1) Notwithstanding the provisions of WAC 220-56-270, it is unlawful to fish for or possess Columbia River smelt or eulachon (Thaleichthys pacificus).

(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.

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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.
NEW SECTION
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.

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Washington State Code Reviser's Office