WSR 09-18-077

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-181 -- Filed August 31, 2009, 9:52 a.m. , effective September 1, 2009 ]


Effective Date of Rule: September 1, 2009.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900D; and amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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: There are sufficient numbers of upriver bright fall chinook and wild Snake River fall chinook returning to the Columbia River such that, within allowable limits for potential impacts upon wild fish in the lower Snake River, a fishery can be opened on the lower Snake River. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 31, 2009.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900D   Exceptions to statewide rules -- Snake River.   Notwithstanding the provisions of WAC 232-28-619:

(1) Effective September 1 through October 15, 2009, a person may fish for and possess salmon in waters of the Snake River from the Highway 12 Bridge upstream to the no fishing zone below Ice Harbor Dam, and from the Highway 261 Bridge crossing the Snake River upstream to the no fishing zone below Little Goose Dam. Daily limit of two adult hatchery Chinook, plus four jack Chinook salmon (either adipose clipped or unclipped).

(a) However, when fishing along the "wall" and walkway area upstream of the juvenile fish bypass return pipe below Little Goose Dam, the daily limit is one adult hatchery Chinook and up to two jack Chinook salmon.

(b) Barbless hooks only when fishing for Chinook or steelhead.

(c) Night closure is in effect.

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REPEALER


The following section of the Washington Administrative Code is repealed effective October 16, 2009:


WAC 232-28-61900D Exceptions to statewide rules -- Snake River.

Washington State Code Reviser's Office