WSR 16-12-046
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 16-122—Filed May 25, 2016, 3:37 p.m., effective May 25, 2016, 3:37 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend recreational fishing rules for the Snake River.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-310-19500I and 220-310-19500J; and amending WAC 220-310-195.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, and 77.12.047.
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: This emergency rule is needed to close the Ice Harbor and Clarkston spring Chinook fisheries while allowing an additional two days of angling for the Little Goose fishery. This decision was made because there are only one hundred ninety spring Chinook remaining in Washington department of fish and wildlife's catch share allotted to the Snake River. The projected harvest of all three fishery areas if left open for an additional week would exceed the remaining allotment. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 25, 2016.
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-310-19500J Freshwater exceptions to statewide rules—Snake River.
Notwithstanding the provisions of WAC 220-310-195 and WAC 220-56-180, effective immediately through 8:30 p.m. May 30, 2016:
(1) 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 Sunday and Monday each week. Daily limit of six hatchery Chinook, of which not more than two 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 during times and in locations open for salmon fishing and retention, 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) Anglers may possess 1 daily limit in fresh form in addition to the 2 daily limits in fresh form allowed by permanent rule.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 220-310-19500I
Freshwater exceptions to statewide rules—Snake River. (16-107)
REPEALER
The following section of the Washington Administrative Code is repealed effective 8:31 p.m. May 30, 2016:
WAC 220-310-19500J
Freshwater exceptions to statewide rules—Snake River.