WSR 09-11-005

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-74 -- Filed May 6, 2009, 3:04 p.m. , effective May 16, 2009 ]


Effective Date of Rule: May 16, 2009.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900U; 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: Washington department of fish and wildlife and Yakama Nation fishery managers are predicting a return of between 10,000 and 15,900 adult spring chinook to the Yakima River in 2009, of which 56% are predicted to be hatchery salmon originating from the Yakima/Klickitat Fisheries Project research hatchery at Cle Elum. The comanagers estimate that only 20% will be wild Naches River chinook, the weaker of the two nonhatchery stocks returning to the Yakima Basin, and not supplemented by hatchery production. Only 24% of the run is expected to be naturally produced upper Yakima River fish needed for Cle Elum Hatchery broodstock and natural spawning above Roza Dam. The more abundant hatchery component is available for harvest, while all wild or natural origin chinook need to be protected. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 6, 2009.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900U   Exceptions to statewide rules -- Yakima River.   (1) Notwithstanding the provisions of WAC 232-28-619, effective May 16 through June 30, 2009, a person may fish for salmon in waters of the Yakima River from the Interstate 82 bridge at Union Gap upstream to the Burlington Northern Railroad Bridge, approximately 500 feet downstream of Roza Dam.

(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 is required for all species. Use of bait is allowed.

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REPEALER


The following section of the Washington Administrative Code is repealed effective July 1, 2009:


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

Washington State Code Reviser's Office