WSR 08-09-089

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-77 -- Filed April 18, 2008, 2:28 p.m. , effective May 1, 2008 ]


Effective Date of Rule: May 1, 2008.

Purpose: Amend fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900A; 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: Yakama Nation and Washington department of fish and wildlife fishery managers are forecasting a return of approximately 10,060 spring chinook to the Yakima River in 2008. Approximately 4,860 fish (48% of the total run) are predicted to be hatchery salmon from the Yakima/Klickitat Fisheries Project research hatchery at Cle Elum. State and tribal managers estimate that only 2,730 (27%) of the total run will be wild Naches River chinook the weaker of the two wild stocks returning to the Yakima Basin and not supplemented by hatchery production. Due to the weaker run of Naches wild chinook expected this year, all wild fish will be protected from sport harvest. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 18, 2008.

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900A   Exceptions to statewide rules -- Yakima River.   (1) Notwithstanding the provisions of WAC 232-28-619, effective May 1 through May 31, 2008, a person may fish for salmon in waters of the Yakima River from the Interstate 182 bridge in Richland upstream to the SR 224 bridge at Benton City and from the Interstate 82 bridge at Union Gap upstream to 3,500 feet downstream of Roza Dam ("closed water" boundary markers).

(a) Daily limit of two hatchery salmon. Minimum size of 12 inches in length.

(b) Night closure in effect.

(c) One, single-pointed, barbless hook with a gap from point to shank of 3/4 inch or less required for all species.

(d) Closed to fishing for all species 400 feet downstream of Horn Rapids (Wanawish) Dam, and 400 feet upstream from the upstream side of the Yakima Ave./Terrace Heights Rd. bridge in Yakima, including the area adjacent and downstream of the Roza Wasteway No. 2 fish barrier rack next to Morton & Sons, Inc.

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REPEALER

The following section of the Washington Administrative Code is repealed effective June 1, 2008:


WAC 232-28-61900A Exceptions to statewide rules -- Yakima River.

Washington State Code Reviser's Office