WSR 11-13-006

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-116 -- Filed June 2, 2011, 2:36 p.m. , effective June 3, 2011 ]


Effective Date of Rule: June 3, 2011.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900I; and amending WAC 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: Yakama Nation (YN) and Washington department of fish and wildlife fishery managers are forecasting a harvestable return of adult hatchery spring chinook to the Yakima River in 2011. Opening the "Reservation Boundary Reach" increases opportunity to harvest hatchery spring chinook in one of the most productive sections of the Yakima River for salmon fishing. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 2, 2011.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900I   Exceptions to statewide rules -- Yakima River.   (1) Notwithstanding the provisions of WAC 232-28-619, effective June 3 through June 30, 2011, a person may fish for salmon in waters of the Yakima River from the Highway 223 Bridge (at Granger) upstream to the Burlington Northern railroad bridge approximately 1,200 feet downstream of Sunnyside (Parker) Diversion Dam (20.9 river miles).

(a) Daily limit of two hatchery salmon. Minimum size of 12 inches in length.

(b) Night closure in effect.

(c) One, single-pointed, barbless hook with a gap from point to shank of 3/4 inch or less is required for all species. Use of bait is allowed.

(d) Anglers must purchase a Yakama Nation tribal fishing permit, in addition to a 2011 Washington Department of Fish and Wildlife freshwater fishing license and the Columbia River Salmon/Steelhead Endorsement.

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REPEALER


The following section of the Washington Administrative Code is repealed effective July 1, 2011:


WAC 232-28-61900I Exceptions to statewide rules -- Yakima River.

Washington State Code Reviser's Office