WSR 05-07-077

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-41 -- Filed March 14, 2005, 3:10 p.m. , effective March 16, 2005 ]


Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900F; 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: A management agreement for spring chinook was signed in 2001 that will allow for selective fishing for marked spring chinook in the Columbia River, while minimizing impacts to protected wild fish. The Fish and Wildlife Commission provided guidance on allocation of upriver spring chinook impacts between the sport and commercial fisheries. Fisheries will be managed to remain within the sport allocation. The seasons shown above represent the spring chinook fishery that was discussed with the Columbia River Recreational Fishery Advisory Group and adopted during a joint state hearing on January 28, 2005. Fisheries are consistent with the biological opinion concerning impacts to ESA-listed stocks. There is insufficient time to promulgate permanent regulations.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

Sara G. LaBorde

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900F   Exceptions to statewide rules -- Columbia River   Notwithstanding the provisions of WAC 232-28-619:

1) Effective March 16, 2005 through May 15, 2005, it is lawful to fish for and possess adipose fin-clipped spring chinook, adipose fin-clipped steelhead, and shad in those waters of the Columbia River from the Buoy 10 line upstream to Rooster Rock.

a) Daily limit:

i. Six chinook, no more than two of which may be adults, and all of which must be adipose fin-clipped. Minimum size 12 inches in length.

ii. Two trout minimum size 12 inches in length. Release wild steelhead and wild cutthroat.

2) Effective March 16, 2005 through May 15, 2005, it is lawful to fish for and possess adipose fin-clipped spring chinook, adipose fin-clipped steelhead, and shad in those waters of the Columbia River from Rooster Rock upstream to 600 feet below the fish ladder at Bonneville Dam.

b) Open days are Sundays, Mondays, and Tuesdays. Salmon and steelhead fishing is closed on Wednesdays, Thursdays, Fridays and Saturdays.

c) Daily limit:

i. One adult hatchery salmon or hatchery steelhead. Minimum size 12 inches in length.

ii. A total of six chinook may be kept of which no more than one may be an adult. Release wild chinook. A total of two trout may be kept of which only one may be a steelhead. Release wild steelhead. Minimum size 12 inches in length for both salmon and steelhead. Release wild steelhead.

3) Effective March 16, 2005 through May 15, 2005, it is lawful to fish for and possess adipose fin-clipped spring chinook, adipose fin-clipped steelhead, and shad in the following waters of the Columbia River:

iii. The Bonneville Reservoir upstream from the Tower Island power lines. Waters upstream from the Interstate Bridge (Highway 197) to The Dalles Dam are closed except that bank fishing is permitted up to the downstream navigation lock wall on the Washington shore.

iv. The Dalles Reservoir.

v. John Day Reservoir.

a) Daily limit:

vi. Six chinook, no more than two of which may be adults, and all of which must be adipose fin-clipped. Minimum size 12 inches in length.

vii. Two trout minimum size 12 inches in length. Release wild steelhead.

4) Effective March 16 through May 15, 2005, in those waters of the Columbia River from the Rocky Point/Tongue Point line upstream, that are open under the above seasons, it is unlawful when fishing from vessels which are less than 30 feet in length to totally remove salmon or steelhead from the water if it is unlawful to retain those salmon and steelhead.

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. May 16, 2005:


[WAC 232-28-61900F Exceptions to statewide rules -- Columbia River.]

Reviser's note: The bracketed material above was supplied by the code reviser's office.

Washington State Code Reviser's Office