WSR 11-16-038

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-172 -- Filed July 27, 2011, 2:24 p.m. , effective August 1, 2011 ]


Effective Date of Rule: August 1, 2011.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900G; 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: Hatchery summer chinook returns to the Wenatchee River are predicted to be in excess of spawning escapement needs. The population is not listed under the Endangered Species Act. The majority of spring chinook and bull trout will have migrated to the upper Wenatchee River, and few steelhead will remain in the mainstem. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 27, 2011.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900G   Exceptions to statewide rules -- Wenatchee River.   Notwithstanding the provisions of WAC 232-28-619, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:

(1) Effective August 1 through October 15, 2011, it is permissible to fish for salmon in waters of the Wenatchee River from the mouth to 400 feet below Dryden Dam; daily limit of two hatchery Chinook. Selective gear rules and night closure in effect. All Chinook with a floy (anchor) tag attached and/or caudal punch must be released.

(2) Effective September 1 through October 15, 2011, it is permissible to fish for salmon in waters of the Wenatchee River from the confluence of Peshastin Creek at a line perpendicular to the river at a marker on the opposite shore, to the Icicle Creek road bridge on the west end of Leavenworth. Daily limit of two hatchery Chinook. Selective gear rules and night closure in effect. All Chinook with a floy (anchor) tag attached and/or caudal punch must be released.

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REPEALER


The following section of the Washington Administrative Code is repealed effective October 16, 2011:


WAC 232-28-61900G Exceptions to statewide rules -- Wenatchee River.

Washington State Code Reviser's Office