WSR 09-11-026

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-80 -- Filed May 8, 2009, 4:56 p.m. , effective May 11, 2009 ]


Effective Date of Rule: May 11, 2009.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900Y; 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: Large numbers of hatchery spring chinook jacks have crossed Bonneville Dam. In addition, increasing numbers of jacks are appearing in the Wind River sport catches and have been found in Drano Lake creel surveys. Increasing the daily limit from the current two hatchery salmon or hatchery steelhead will provide additional opportunity to harvest those fish. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 8, 2009.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900Y   Exceptions to statewide rules -- Drano Lake and Wind River.   Notwithstanding the provisions of WAC 232-28-619:

(1) Drano Lake - Effective May 11 through June 30, 2009, a person may fish in waters downstream of markers on point of land downstream and across from Little White Salmon National Fish Hatchery and upstream of Hwy. 14 Bridge, except closed June 3 and June 10. Daily limit six fish, up to 2 may be hatchery adult salmon or hatchery steelhead or one of each. Release wild Chinook and wild steelhead. Release all trout other than steelhead. Minimum size 12 inches for salmon and 20 inches for steelhead.

(2) Wind River - Effective May 11 through June 30, 2009, a person may fish in waters from mouth (boundary line/markers) to 400 feet below Shipherd Falls and from 100 feet above Shipherd Falls to 400 feet below the coffer dam to 800 yards downstream of Carson National Fish Hatchery. Daily limit six fish, up to 2 may be hatchery adult salmon or hatchery steelhead or one of each. Release wild steelhead and all trout other than steelhead. Release wild Chinook downstream from Shipherd Falls. Minimum size 12 inches for salmon and 20 inches for steelhead.

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REPEALER


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


WAC 232-28-61900Y Exceptions to statewide rules -- Drano Lake and Wind River.

Washington State Code Reviser's Office