WSR 10-10-054

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-101 -- Filed April 29, 2010, 1:20 p.m. , effective May 1, 2010 ]


Effective Date of Rule: May 1, 2010.

Purpose: Amend personal use fishing rules.

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

Statutory Authority for Adoption: RCW 77.12.047 an 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: The predicted 470,000 upriver spring chinook return allows for expanded fishing opportunities in the Snake River within Washington. Expectations are for nearly 200,000 hatchery chinook to return to the 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 29, 2010.

Philip Anderson

Director


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

(1) Effective immediately through June 30, 2010, a person may fish for and possess salmon in waters of the Snake River from the South Bound Highway 12 Bridge, upstream about 7 miles to the fishing restriction boundary approximately 400 ft. below Ice Harbor Dam. Daily limit of two adult hatchery Chinook, plus four jack Chinook salmon. Minimum size for Chinook is 12 inches in length.

(a) All Chinook with the adipose fin intact, and all steelhead, must be released immediately, unharmed.

(b) Hooks must be barbless when fishing for all species, and only single barbless hooks are allowed when fishing for sturgeon.

(c) It is unlawful to use any hook larger than 5/8-inch (point of hook to shank) for all species except sturgeon.

(d) Night closure is in effect.

(2) Effective immediately through June 30, 2010, a person may fish for and possess salmon in the following waters of the Snake River:

(a) From the Railroad Bridge, about 0.5 miles downstream of the Tucannon River mouth, up about 9 miles to the Army Corps of Engineers boat launch (approximately 1 mile upstream of Little Goose Dam along the south shore). This zone includes the area between the juvenile bypass return pipe and Little Goose Dam along the south shoreline of the facility (includes the walkway area locally known as "the Wall" in front of the juvenile collection facility).

(b) From Casey Creek, upstream about 6 miles to the fishery restriction area below Lower Granite Dam.

(c) From Blyton Landing Boat Launch along the Snake River Road in Whitman County (about 12 miles upstream of Lower Granite Dam), upstream about 19 miles to the boat dock behind the Quality Inn in Clarkston (boundary line is from the white sign for Hells Canyon Tours approximately 100 ft upstream of the boat dock that has the small green roofed shed on the south shore) across to the culvert with tanks and trailers on the north shore.

(i) Daily limit of two adult hatchery Chinook and four jack Chinook salmon. Minimum size for Chinook is 12 inches in length.

(ii) 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 one jack salmon. May continue to fish until the daily adult limit is retained. Minimum size for Chinook is 12 inches in length.

(iii) All Chinook with the adipose fin intact, and all steelhead, must be released immediately, unharmed.

(iv) Hooks must be barbless when fishing for all species, and only single barbless hooks are allowed when fishing for sturgeon.

(v) It is unlawful to use any hook larger than 5/8-inch (point of hook to shank) for all species except sturgeon.

(vi) Night closure is in effect.

[]

Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER


The following section of the Washington Administrative code is repealed effective May 1, 2010:


WAC 232-28-61900S Exceptions to statewide rules -- Snake River. (10-75)

The following section of the Washington Administrative code is repealed effective July 1, 2010:


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

Washington State Code Reviser's Office