WSR 19-22-050
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-277—Filed November 1, 2019, 4:59 p.m., effective one hour before official sunrise November 2, 2019]
Effective Date of Rule: One hour before official sunrise November 2, 2019.
Purpose: Amends recreational salmon fishing rules for the Icicle River.
Citation of Rules Affected by this Order: Repealing WAC 220-312-05000T and 220-312-05000U; and amending WAC 220-312-050.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.12.045, 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 rule is needed to correct an error in a previous filing that did not allow the taking of unmarked coho. A harvestable surplus is available because an estimated four thousand five hundred coho are expected to return to the Wenatchee River basin this year and will be in excess of spawning escapement goals on the Icicle River and hatchery broodstock needs. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 1, 2019.
Amy H. Windrope
for Kelly Susewind
Director
NEW SECTION
WAC 220-312-05000UFreshwater exceptions to statewide rulesEastside.
Notwithstanding the provisions of WAC 220-312-050, effective one hour before official sunrise November 2 through one hour after official sunset November 30, 2019:
Icicle River:
(a) From the closure signs located 800 feet upstream of the mouth to 500 feet downstream of the Leavenworth National Fish Hatchery Barrier Dam is closed to all species, except open for salmon fishing:
(i) Daily limit 2, minimum length 12 inches. Release all salmon other than coho, except release all coho marked with a colored floy (anchor) tag (tags located near dorsal fin).
(ii) Fishing with bait is prohibited.
(iii) Night closure.
(b) From the shoreline markers where Cyo Road intersects the Icicle River at the Sleeping Lady Resort to the Icicle Peshastin Irrigation Footbridge (approximately 750 feet upstream of the Snow Lakes trailhead parking area) is closed to all species, except open for salmon fishing:
(i) Daily limit 2, minimum length 12 inches. Release all salmon other than coho, except release all coho marked with a colored floy (anchor) tag (tags located near dorsal fin).
(ii) Fishing with bait is prohibited.
(iii) Night closure.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 220-312-05000T
Freshwater exceptions to statewide rulesEastside. (19-272)
The following section of the Washington Administrative Code is repealed effective one hour after official sunset November 30, 2019:
WAC 220-312-05000U
Freshwater exceptions to statewide rulesEastside.