WSR 10-11-048

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-114 -- Filed May 12, 2010, 2:25 p.m. , effective May 12, 2010, 2:25 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900L and 232-28-61900B; 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: Yakama Nation (YN) and Washington department of fish and wildlife fishery managers are forecasting a large return of 16,570 adult spring chinook to the Yakima River in 2010, of which seventy-two percent (11,900) are predicted to be hatchery salmon from the Yakima/Klickitat Fisheries Project research hatchery at Cle Elum operated by the YN. The comanagers estimate that only seven percent will be wild Naches River chinook. Twenty-one percent 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 abundant hatchery component can support increased 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 12, 2010.

Philip Anderson

Director



[NEW SECTION]WAC 232-28-61900B   Exceptions to statewide rules -- Yakima River.   Notwithstanding the provisions of WAC 232-28-619:

(1) Effective immediately through May 31, 2010, a person may fish for salmon in waters of the Yakima River from the Interstate 182 bridge in Richland (river mile 4.5) to 400 feet downstream of Horn Rapids (Wanawish) Dam (river mile 18.0). Daily limit of two hatchery Chinook, minimum size 12 inches in length. Terminal gear is restricted to one, single (point), barbless hook with a hook gap from point to shank of 3/4-inch or less when fishing for salmon. Use of bait is allowed.

(2) Effective immediately through June 30, 2010, a person may fish for salmon in waters of the Yakima River from the Interstate 82 bridge at Union Gap (river mile 107.1) to the BNRR bridge approximately 500 feet downstream of Roza Dam (river mile 127.8). Daily limit of two hatchery Chinook, minimum size 12 inches in length. Only one, single (point), barbless hook with a hook gap from point to shank of 3/4-inch or less is permitted. During the salmon fishery, the Selective Gear Rules requirement prohibiting use of bait and knotted nets is temporarily suspended for all species only in the river section open to salmon fishing. Use of boats equipped with an internal combustion engine is allowed only in the river section open to salmon fishing. Night closure in effect.

(a) The upper "closed water" boundary line for Area 2 is moved upstream to the railroad bridge downstream of Roza Dam.

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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900L Exceptions to statewide rules -- Yakima River.

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


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

Washington State Code Reviser's Office