WSR 13-10-042

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 13-79 -- Filed April 25, 2013, 4:09 p.m. , effective April 26, 2013 ]


     Effective Date of Rule: April 26, 2013.

     Purpose: Amend recreational fishing rules.

     Citation of Existing Rules Affected by this Order: 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: Based on the preseason prediction for a relatively small chinook salmon return, Snake River fisheries in each of three zones are open for two days per week. This enables managers to comply with Endangered Species Act restrictions and limited harvest allocations available in 2013. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 25, 2013.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900Z   Exceptions to statewide rules -- Snake River.   Notwithstanding the provisions of WAC 232-28-619:

     (1) Effective April 26, 2013, until further notice, a person may fish for and possess salmon in waters of the Snake River from the South Bound Highway 12 Bridge at Pasco upstream about 7 miles to the fishing restriction boundary below Ice Harbor Dam. Open Fridays and Saturdays only. Daily limit of five hatchery Chinook, of which not more than one may be an adult Chinook. Minimum size for Chinook is 12 inches in length.

     (a) All Chinook with the adipose fin intact, and all steelhead, must be released immediately, unharmed.

     (b) Hooks must be barbless when fishing for all species, and only single barbless hooks are allowed when fishing for sturgeon.

     (c) It is unlawful to use any hook larger than 5/8-inch (point of hook to shank) for all species except sturgeon.

     (d) Night closure is in effect for salmon and sturgeon.

     (e) For all areas open for Chinook, anglers must cease fishing for Chinook when the adult limit has been retained for the day.

     (2) Effective April 28, 2013, until further notice, a person may fish for and possess salmon in the following waters of the Snake River from Texas Rapids boat launch (south side of the river approximately 3.5 miles upstream of the mouth of Tucannon River) to the fishing restriction boundary below Little Goose Dam. Minimum size for Chinook is 12 inches in length. This zone includes the area between the juvenile bypass return pipe and Little Goose Dam along the south shoreline of the facility (includes the walkway area locally known as "the wall" in front of the juvenile collection facility). Open Sundays and Mondays only. Daily limit of five hatchery Chinook, of which not more than one may be an adult Chinook.

     (a) All Chinook with the adipose fin intact, and all steelhead, must be released immediately, unharmed.

     (b) Hooks must be barbless when fishing for all species, and only single barbless hooks are allowed when fishing for sturgeon.

     (c) It is unlawful to use any hook larger than 5/8-inch (point of hook to shank) for all species except sturgeon.

     (d) Night closure is in effect for salmon and sturgeon.

     (e) For all areas open for Chinook, anglers must cease fishing for Chinook when the adult limit has been retained for the day.

     (f) When fishing along "the wall" and walkway area upstream of the juvenile fish bypass return pipe below Little Goose Dam, the daily limit is one adult hatchery Chinook and one hatchery jack salmon. Anglers must cease fishing when the one allowed adult is retained. Minimum size for Chinook is 12 inches in length.

     (3) Effective April 28, 2013, until further notice, a person may fish for and possess salmon in the following waters of the Snake River from the intersection of Steptoe Canyon Road with Wawawai River Road on the Whitman County shore, upriver approximately 12 miles to the Idaho state line (from the east levee of the Greenbelt boat launch in Clarkston, northwest across the Snake River to the WA/ID boundary marker on the Whitman County shore). Open Sundays and Mondays only. Daily limit of five hatchery Chinook, of which not more than one may be an adult Chinook. Minimum size for Chinook is 12 inches in length.

     (a) All Chinook with the adipose fin intact, and all steelhead, must be release immediately, unharmed.

     (b) Hooks must be barbless when fishing for all species, and only single barbless hooks are allowed when fishing for sturgeon.

     (c) It is unlawful to use any hook larger than 5/8-inch (point of hook to shank) for all species except sturgeon.

     (d) Night closure is in effect for salmon and sturgeon.

     (e) For all areas open for Chinook, anglers must cease fishing for Chinook when the adult limit has been retained for the day.

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     Reviser's note: The typographical error 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.