WSR 10-19-036

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-230 -- Filed September 10, 2010, 11:34 a.m. , effective September 10, 2010, 11:34 a.m. ]


Effective Date of Rule: Immediately.

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 large numbers of upriver bright hatchery fall chinook returning to the Snake River. Retention of hatchery fall chinook is not expected to increase impacts to Endangered Species Act listed wild fall chinook. Therefore, a limited retention fishery on adipose clipped hatchery fall chinook is authorized. This regulation is compatible with regulations authorized by Oregon and Idaho management agencies allowing harvest of hatchery fall chinook in the Idaho and Oregon boundary waters of 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 10, 2010.

Joe Stohr

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900D   Exceptions to statewide rules -- Snake River.   Notwithstanding the provisions of WAC 232-28-619, effective immediately through October 31, 2010, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:

(1) A person may fish for salmon in waters of the Snake River from the Highway 12 Bridge south bound lane to Lower Granite Dam. Daily limit of two hatchery Chinook jacks, less than 24 inches in length. Minimum size for Chinook is 10 inches in length. Barbless hooks required.

(2) A person may fish for salmon in waters of the Snake River from Lower Granite Dam to the Oregon state line. Daily limit of two hatchery Chinook, of which only one may be an adult 24 inches or greater. Minimum size for Chinook is 10 inches in length. Barbless hooks required, and anglers must stop fishing for salmon once an adult salmon has been retained.

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REPEALER


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


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