WSR 06-05-047

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-18 -- Filed February 10, 2006, 4:38 p.m. , effective February 10, 2006 ]


     Effective Date of Rule: Immediately.

     Purpose: Amend personal use fishing 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: The upriver spring chinook return in the Columbia River is projected to be 88,400. With a projected run of this size, additional opportunity for sport fisheries in the Columbia River is available. The season is consistent with Washington fish and wildlife commission guidance for 2006-2007. The extended season is expected to allow for harvest of hatchery chinook while minimizing impacts to ESA listed species. Rule is consistent with joint state actions of [the] Washington department of fish and wildlife and Oregon department of fish and wildlife on January 26, 2006. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 10, 2006.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900H   Exceptions to statewide rules -- Columbia 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. Columbia River:

     i. From a true north-south line through Buoy 10 to the I-5 Bridge: Salmon, steelhead and shad: Open immediately until further notice. Daily limit 6 salmon of which no more than 2 may be adult salmon. Release all wild Chinook, wild coho, sockeye and chum. Minimum size 12 inches. Daily limit 2 trout, release wild steelhead and wild cutthroat. Minimum size 12-inches.

     ii. From Tower Island power lines in Bonneville Pool upstream to McNary Dam, (except for those waters closed under permanent regulations). Salmon, steelhead and shad: Open March 16 until further notice. Daily limit 6 salmon of which no more than 2 may be adult salmon. Release all wild Chinook, sockeye and chum. Minimum size 12 inches. Daily limit 2 trout, release wild steelhead. Minimum size 12-inches.

     iii. For the mainstem Columbia River salmon and steelhead fishery upstream of the Rocky Point/Tongue Point line effective during February 15 through May 15, 2006, salmon and steelhead required to be released may not be totally removed from the water, except anglers fishing from vessels thirty feet or longer shown on their state registration or Coast Guard documentation are exempt from this subsection.

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