WSR 11-09-020

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-57 -- Filed April 12, 2011, 3:14 p.m. , effective April 20, 2011 ]


Effective Date of Rule: April 20, 2011.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900S; 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: The predicted 198,400 upriver spring chinook return allows for fishing opportunities in the Snake River within Washington. Expectations are for approximately 66,000 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 12, 2011.

Joe Stohr

for Philip Anderson

Director


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

(1) Effective April 20 through May 31, 2011, a person may fish for and possess salmon in waters of the Snake River from the South Bound Highway 12 Bridge at Pasco, 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 for salmon and sturgeon.

(2) Effective April 25 through May 31, 2011, 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 the intersection of Steptoe Canyon Road with Hwy 193 (Snake River Road) in Whitman County, upriver about 12 miles to the Idaho state line that runs from the north termination of the rock levee on the east side of the Greenbelt boat launch (near the US Army Corps of Engineers Office) northwest across the Snake River to the Idaho/Washington marker on the north shore in Whitman County.

(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 for salmon and sturgeon.

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REPEALER


The following section of the Washington Administrative code is repealed effective June 1, 2011:


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

Washington State Code Reviser's Office