WSR 05-14-061

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-134 -- Filed June 29, 2005, 3:31 p.m. , effective July 1, 2005 ]


Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900C; 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 Columbia River summer chinook fishery will be nonselective beginning July 1. The run size is predicted to be near the preseason forecast and the regulation is consistent with providing harvest opportunity on this run. Rule is consistent with joint state actions of the Washington Department of Fish and Wildlife and Oregon Department of Fish and Wildlife on June 28, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 29, 2005.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900G   Exceptions to statewide rules -- Camas Slouth, Columbia River Lewis River, Washougal River and Wind River.   Notwithstanding the provisions of WAC 232-28-619, it is unlawful to violate the following provisions, provided that unless otherwise amended all permanent rules remain in effect:

(1) Camas Slough (Clark County): Defined as those waters outside of the mouth of the Washougal River, north of Lady Island, and downstream of the Highway 14 Bridge at the upstream end of Lady Island. Same rules as Columbia River from I-5 Bridge to Bonneville Dam.

(2) Columbia River:

(i) In the Columbia River between Washington and Oregon, the license of either state is valid. Anglers must comply with the fishing regulations of the state in which they are fishing. This provision does not allow an angler licensed in Oregon to fish on the Washington shore, or in the sloughs or tributaries in Washington, except Camas Slough, where the license of either state is valid when fishing from a floating device.

(ii) From the Rocky Point - Tongue Point line to the I-5 Bridge: Salmon: Open until further notice. Immediately through July 31, daily limit 6 fish of which no more than 2 may be adult salmon. Release sockeye. August 1 until further notice, daily limit 6 fish of which no more than 2 may be adult salmon, but not more than 1 adult chinook. Release chum, sockeye, and wild coho.

(iii) From the I-5 Bridge to the Highway 395 Bridge at Pasco: Salmon: Open until further notice. Immediately through July 31, daily limit 6 fish of which no more than 2 may be adult salmon. Release sockeye. August 1 until further notice, daily limit 6 fish of which no more than 2 may be adult salmon. Release chum and sockeye, release wild coho downstream of Bonneville Dam. August 1 until further notice, daily limit may contain not more than 1 adult chinook downstream from Bonneville Dam. Trout: Open until further notice, daily limit two hatchery steelhead.

(iv) From the Highway 395 Bridge at Pasco to the old Hanford townsite (wooden towers) powerline crossing, in Sec. 30, T13N, R28E except Ringold Hatchery waters: Salmon: Open through July 31 and August 16 until further notice. Daily limit 6 fish of which no more than 2 may be adult salmon. Release sockeye through July 31.

(v) From the old Hanford townsite (wooden towers) powerline crossing in Sec. 30, T13N, R28E, to Vernita Bridge, (Highway 24): Salmon: Open through July 31 and August 16 until further notice. Daily limit 6 fish of which no more than 2 fish may be adult salmon. Release sockeye through July 31.

(vi) From Vernita Bridge (Highway 24) to Priest Rapids Dam: Salmon: Open through July 31 and August 16 until further notice. Daily limit 6 fish of which no more than 2 may be adult salmon. Release sockeye through July 31.

(3) Lewis River, North Fork (Clark/Skamania counties): From mouth to overhead powerlines at Merwin Dam: When nonbuoyant lure restrictions are in effect, only fish hooked inside the mouth may be retained.

(4) Washougal River (Clark County): From mouth to bridge at Salmon Falls: When nonbuoyant lure restrictions are in effect, only fish hooked inside the mouth may be retained.

(5) Wind River (Skamania County): Mouth to source, including all tributaries: When nonbuoyant lure restrictions are in effect, only fish hooked inside the mouth may be retained.

[]

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.

Reviser's note: The spelling 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.
REPEALER


The following section of the Washington Administrative Code is repealed effective July 1, 2005:

WAC 232-28-61900C Exceptions to statewide rules -- Camas Slouth, Columbia River Lewis River, Washougal River and Wind River. (05-117)

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.

Reviser's note: The spelling 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