WSR 11-12-013

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-107 -- Filed May 20, 2011, 2:36 p.m. , effective May 20, 2011, 2:36 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900W and 232-28-61900Y; 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: Drano Lake: When the hatchery ladder was opened for a single day between May 12 and 13, a total of one thousand six hundred sixty-two spring chinook entered Little White Salmon National Fish Hatchery. The hatchery escapement goal is one thousand fish. Surplus hatchery fish, including jacks, are available for harvest. Wind River: 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 20, 2011.

Philip Anderson

Director


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

(1) Drano Lake - Effective May 19 through July 31, 2011, 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. Daily limit six fish; up to four may be adults, of which no more than two may be hatchery steelhead. Release all salmon other than hatchery Chinook. Release wild Chinook and wild steelhead. Release all trout other than steelhead. Minimum size 12 inches for salmon and 20 inches for steelhead. Night closure, bank fishing only area near the outlet, and Wednesday closures will remain in effect through June 30, 2011.

(2) Wind River - Effective May 19 through June 30, 2011, a person may fish in waters from mouth (boundary line/markers) to 400 feet below Shipherd Falls; from 100 feet above Shipherd Falls to 400 feet below the coffer dam; and from 100 feet above the coffer dam to 800 yards downstream of Carson National Fish Hatchery. Daily limit six fish; up to four may be adults, of which no more than two may be hatchery steelhead. Release wild steelhead and all other game fish. Release all salmon other than Chinook. Release wild Chinook downstream from Shipherd Falls. Minimum size 12 inches for salmon and 20 inches for steelhead. Night closure will remain in effect. In addition, the anti-snagging rule remains in effect from the Burlington Northern Railroad Bridge upstream. Only fish hooked inside the mouth may be retained.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900W Exceptions to statewide rules -- Drano Lake and Wind River. (11-103)

The following section of the Washington Administrative Code is repealed effective August 1, 2011:


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

Washington State Code Reviser's Office