WSR 16-07-022 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 16-42—Filed March 8, 2016, 9:33 a.m., effective March 9, 2016] Effective Date of Rule: March 9, 2016.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-310-19500U and 220-310-20000E; and amending WAC 220-310-195 and 220-310-200.
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: An emergency rule is needed to close the steelhead fisheries in portions of the Columbia[,] Okanagan and Similkamen rivers to minimize impacts to spawning steelhead. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 8, 2016.
J. W. Unsworth
Director
NEW SECTION
WAC 220-310-19500W Freshwater exceptions to statewide rules—Eastside.
Notwithstanding the provisions of WAC 220-310-195, effective March 9, 2016, until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:
(1) Wenatchee River: It is permissible to fish for steelhead from the mouth to 400 feet below Tumwater Dam.
(2) Icicle River: It is permissible to fish for steelhead from the mouth to 500 feet downstream of the Leavenworth National Fish Hatchery Barrier Dam.
(3) Entiat River: It is permissible to fish for steelhead from the mouth to approximately one half mile upstream to a point perpendicular with the intersection of the Entiat River Road and Hedding Street.
(4) It is unlawful to violate the following provisions during the open times in the waters listed in this section:
(a) Night closure and selective gear rules are in effect.
(b) Daily limit:
(i) Two hatchery steelhead; 20 inch minimum size.
(ii) Five hatchery rainbow trout; less than 20 inches in total length.
(c) Mandatory retention of adipose fin clipped steelhead, except release all steelhead with a floy (anchor) tag attached or one or more round 1/4 inch in diameter holes punched in the caudal (tail) fin. Adipose present steelhead must be released unharmed and cannot be removed from the water prior to release.
(d) Anglers must cease fishing for the day when the daily limit of two hatchery steelhead are obtained, regardless of the number of hatchery rainbow trout obtained.
(7) Methow River: It is unlawful to fish for or possess whitefish from the mouth to the confluence of the Chewuch River in Winthrop.
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. NEW SECTION
WAC 220-310-20000F Freshwater exceptions to statewide rules—Columbia River.
Notwithstanding the provisions of WAC 220-310-200, effective March 9, 2016, until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:
(1) It is permissible to fish for steelhead in the Columbia River from Rock Island Dam to the powerlines crossing the Columbia River at Doroga State Park.
(2) It is unlawful to violate the following provisions during the open times in the waters listed in this section:
a. Night closure and selective gear rules are in effect, except bait is permissible.
b. Daily limit:
(i) Two hatchery steelhead, 20 inch minimum size.
(ii) Five hatchery rainbow trout, less than 20 inches in total length.
c. Mandatory retention of adipose fin clipped steelhead, except release all steelhead with a floy (anchor) tag attached and/or one or more round 1/4 inch in diameter holes punched in the caudal (tail) fin. Adipose present steelhead must be released unharmed and cannot be removed from the water prior to release.
d. Anglers must cease fishing for the day when the daily limit of two (2) hatchery steelhead are obtained, regardless of the number of hatchery rainbow trout obtained.
REPEALER
The following sections of the Washington Administrative Code are repealed effective
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. | ||||||