WSR 05-03-062

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-06 -- Filed January 12, 2005, 4:31 p.m. , effective January 15, 2005, 12:01 a.m. ]


Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900Y; and amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 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: The recreational fishery upstream of Rocky Reach Dam to Wells Dam is fishing on 95% unmarked steelhead. The majority of adipose clipped hatchery-origin steelhead have moved above Wells Dam. The closure will concentrate the recreational fishery in waters where the majority of the steelhead are adipose fin-clipped. Consistent with WDFW's ESA permit allowing a fishery on upper Columbia River hatchery steelhead. Disk tags were applied to steelhead during run-size determination and fish sampling operations at Priest Rapids Dam, these disk tagged hatchery-origin fish are no longer needed for monitoring purposes. There is insufficient time to promulgate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 12, 2005.

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900B   Exceptions to statewide rules -- Columbia, Methow, Okanogan and Similkameen rivers.   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. January 15, 2005, until further notice, it is unlawful to violate the following provisions in the following waters:

(1) For purposes of this section, "adipose fin clipped steelhead" means steelhead with an adipose fin clip and a healed scar at the site of the fin clip, whether or not any other fins are clipped or a healed scar is present at any other fin position.

(2) Columbia River from Highway 395 Bridge at Pasco to the Old Hanford townsite wooden powerline towers upstream of Ringold Hatchery and from Wells Dam to Highway 17 Bridge at Bridgeport - Open until March 31, 2005. Daily limit may contain up to two adipose fin clipped steelhead.

(3) Columbia River from Rocky Reach Dam to Wells Dam - Closed to the fishing for trout/steelhead.

(4) Methow River - Mouth (Highway 97 Bridge) upstream to the second powerline crossing, and from the first Highway 153 Bridge north of Pateros to the confluence with the Chewuch River. Whitefish gear rules do not apply. Selective gear rules except lawful to fish from motorized vessels. Night closure. Open to steelhead and whitefish until further notice. Daily limit may contain up to two adipose fin clipped steelhead.

(5) Okanogan River - Open until further notice, except closed from Lake Osoyoos Control Dam (Zosel Dam) downstream to one-quarter mile below railroad trestle. Selective gear rules except lawful to fish from motorized vessels. Night closure. Gamefish: Open to all gamefish downstream from Highway 97 Bridge at Malott. Daily limit may contain up to two adipose fin clipped steelhead. Above Highway 97 Bridge at Malott, open only for adipose fin clipped steelhead. Daily limit may contain up to two adipose fin clipped steelhead.

- Except: Effective February 16, 2005 until further notice, the area from the Highway 97 Bridge at Omak to a line across the river 500 feet above the mouth of Omak Creek, closed to fishing.

(6) Similkameen River - Mouth to 400 feet below Enloe Dam - Open until further notice. Whitefish gear rules do not apply. Selective gear rules. Night closure. Open only to adipose fin clipped steelhead and whitefish. Up to two adipose fin clipped steelhead per day may be retained.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. January 15, 2005:


WAC 232-28-61900Y Exceptions to statewide rules -- Columbia, Methow, Okanogan and Similkameen rivers. (04-310)

Washington State Code Reviser's Office