WSR 05-21-003

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-232 -- Filed October 6, 2005, 10:07 a.m. , effective October 8, 2005, 12:01 a.m. ]


Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: 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: Large numbers of hatchery steelhead are expected to return to the waters above Priest Rapids Dam (12,300). The wild run is also expected to meet minimum spawning requirements. Only a relatively small number of the returning hatchery steelhead are needed for hatchery production. The recreational fishery will reduce the proportion of hatchery origin steelhead contributing to the adult spawning escapement, thereby minimizing impacts to wild steelhead spawners. This will increase the proportion of wild steelhead on the spawning grounds and thus improving the natural production. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 5, 2005.

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900X   Exceptions to statewide rules -- Columbia, Methow, Okanogan and Similkameen rivers.   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. October 8, 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 Rocky Reach Dam to Highway 17 Bridge at Bridgeport - Open until further notice. Night closure in effect. Daily limit may contain up to two adipose fin clipped steelhead. Release steelhead with disk tag attached.

(3) 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 in effect. Gamefish: Open to all gamefish downstream from Highway 97 Bridge at Malott. Daily limit may contain up to two adipose fin clipped steelhead. Release steelhead with disk tag attached. Above Highway 97 Bridge at Malott, open only for adipose fin clipped steelhead. Daily limit may contain up to two adipose fin clipped steelhead. Release steelhead with disk tag attached.

(4) Similkameen River - Mouth to 400 feet below Enloe Dam - Open November 15 until further notice. Selective gear rules. Night closure in effect. All species: Release all fish except up to two adipose fin clipped steelhead per day may be retained and whitefish may be retained beginning December 1. Release steelhead with disk tag attached. Whitefish gear rules do not apply.

(5) Methow River - Open until further notice. 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. Selective gear rules except lawful to fish from motorized vessels. Night closure in effect. All species: Release all fish except up to two adipose fin clipped steelhead per day may be retained and whitefish may be retained beginning December 1. Release steelhead with disk tag attached. Whitefish gear rules do not apply.

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Washington State Code Reviser's Office