WSR 10-13-063

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-149 -- Filed June 10, 2010, 4:21 p.m. , effective June 16, 2010 ]


Effective Date of Rule: June 16, 2010.

Purpose: The purpose of this rule making is to allow nontreaty recreational fishing opportunity in the Columbia River while protecting fish listed as threatened or endangered under the Endangered Species Act. This rule making implements federal court orders governing Washington's relationship with treaty Indian tribes, federal law governing Washington's relationship with Oregon, and Washington fish and wildlife commission policy guidance for Columbia River fisheries.

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

Statutory Authority for Adoption: RCW 77.04.130, 77.12.045, and 77.12.047.

Other Authority: United States v. Oregon, Civil No. 68-513-KI (D. Or.), Order Adopting 2008-2017 United States v. Oregon Management Agreement (Aug. 12, 2008) (Doc. No. 2546); Northwest Gillnetters Ass'n v. Sandison, 95 Wn.2d 638, 628 P.2d 800 (1981); Washington fish and wildlife commission policies concerning Columbia River fisheries; 40 Stat. 515 (Columbia River compact).

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: Drano Lake: Little White Salmon National Fish Hatchery has achieved the escapement needs for this year and is not taking any additional fish into the hatchery. Surplus hatchery spring chinook are present in large numbers in Drano Lake and the Yakama Nation will continue their Tuesday night fishery through the month of June. The sport fishery is closed on Wednesdays to provide access to the tribal fishers. Wind River: Through May 18, a total of 356 fish had returned to Carson National Fish Hatchery. The hatchery escapement goal is 1,500 fish. The hatchery is expected to meet its escapement goal and surplus hatchery origin fish are available for harvest. There is insufficient time to adopt permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 0, Repealed 2; Federal Rules or Standards: New 1, Amended 0, Repealed 2; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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: June 10, 2010.

Philip Anderson

Director


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

(1) Drano Lake - Effective June 16 through June 30, 2010, a person may fish in waters downstream of markers on the point of land downstream and across from Little White Salmon National Fish Hatchery and upstream of the Hwy. 14 Bridge, except closed June 16, 23 and June 30. Daily limit four fish, up to 2 may be hatchery steelhead. 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 - Immediately through June 30, 2010, 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 four fish; up to 2 may be hatchery steelhead. Release wild steelhead and all other game fish. Release wild Chinook downstream from Shipherd Falls. Minimum size 12 inches for salmon and 20 inches for steelhead.

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective June 16, 2010:


WAC 232-28-61900Q Exceptions to statewide rules -- Drano Lake and Wind River. (10-131

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


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

Reviser's note: The typographical error 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.

Washington State Code Reviser's Office