WSR 05-07-061

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-43 -- Filed March 11, 2005, 3:32 p.m. , effective March 13, 2005 ]


Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900B; 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 cumulative wild steelhead impacts, allowed under the NOAA ESA Permit for the mainstem Columbia River and Methow River, are anticipated to be reached March 13, 2005. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 11, 2005.

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900G   Exceptions to statewide rules -- Columbia, Methow, Okanogan and Similkameen rivers.   Notwithstanding the provisions of WAC 232-28-619, effective one (1) hour after sunset on March 13, 2005 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 power line towers upstream of Ringold Springs Rearing Facility - Open through March 31, 2005. Daily limit may contain up to two adipose fin clipped steelhead per day.

(3) Columbia River - from Rocky Reach Dam to Chief Joseph Dam. Gamefish and sturgeon rules apply.

(4) Methow River - Mouth upstream to the confluence with the Chewuch River. Closed to fishing for all gamefish through May 31, 2005.

(5) Okanogan River - Open through March 31, 2005, 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.

Except: Effective immediately through May 31, 2005, 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 - Open through March 31, 2005, from mouth to 400 feet below Enloe Dam. Selective gear rules. Night closure. Open only to adipose fin clipped steelhead and whitefish. Daily limit may contain up to two adipose fin-clipped steelhead.

Except: Whitefish gear rules do not apply.

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REPEALER


The following section of the Washington Administrative Code is repealed effective March 13, 2005, one hour after sunset:


WAC 232-28-61900B Exceptions to stateside rules -- Columbia, Methow, Okanogan and Similkameen rivers. (05-06)

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.

Washington State Code Reviser's Office