WSR 11-18-008

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-200 -- Filed August 25, 2011, 2:31 p.m. , effective September 1, 2011 ]


Effective Date of Rule: September 1, 2011.

Purpose: Amend recreational fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900K; 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 is a large run of upriver bright hatchery fall chinook expected to return to the Snake River. Significant steelhead fisheries also occur in the area, and some hatchery fall chinook are expected to be caught during steelhead fishing. Retention of hatchery fall chinook is not expected to increase impacts to Endangered Species Act listed wild fall chinook. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 25, 2011.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900K   Exceptions to statewide rules -- Snake River.   Notwithstanding the provisions of WAC 232-28-619, effective September 1 through October 31, 2011, 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 upstream from the mouth of the Snake river, beginning at the south bound lanes of the Highway 12 Bridge (near Pasco) to the Oregon State line (located approximately 7 miles upstream of the mouth of the Grande Ronde River).

(a) Daily limit of three hatchery Chinook adults (24 inches in length and larger), and three hatchery jack Chinook (less than 24 inches). Minimum size for Chinook that can be retained is 12 inches.

(b) Barbless hooks required, and anglers must stop fishing for salmon for the day once they have retained 3 hatchery steelhead (regardless of whether the salmon daily limit has been retained).

(c) All Chinook and steelhead with unclipped adipose fins must be immediately release unharmed. Anglers cannot remove any Chinook or steelhead from the water unless it is retained as part of the daily bag limit.

[]

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER


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


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

Washington State Code Reviser's Office