WSR 11-14-018

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-133 -- Filed June 23, 2011, 2:55 p.m. , effective July 1, 2011 ]


Effective Date of Rule: July 1, 2011.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900L; 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: High, turbid flow in May and June and a late return of spring chinook to the Yakima River has extended the run timing past Roza Dam. A significant number of hatchery salmon are expected to be available for harvest below Roza Dam well into July. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 23, 2011.

Philip Anderson

Director


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

(1) Effective July 1 through July 31, 2011, 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, but only in the river section open to salmon fishing. Use of boats equipped with an internal combustion engine is allowed only from the Interstate 82 bridge at Union Gap upstream to the east-bound (upstream) Interstate 82 bridge at Selah Gap. Night closure in effect.

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

(3) The Columbia River Salmon/Steelhead Endorsement is required to participate in this fishery, in addition to a freshwater fishing license.

(4) The use of two (2) fishing poles is permitted during the salmon fishery provided the participating angler has purchased a "Two-Pole Endorsement" (in addition to the freshwater fishing license and Columbia River salmon/steelhead endorsement).

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REPEALER


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


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

Washington State Code Reviser's Office