WSR 11-19-033

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-233 -- Filed September 9, 2011, 3:59 p.m. , effective September 14, 2011 ]


Effective Date of Rule: September 14, 2011.

Purpose: Amend recreational fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900W; 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: Adult chinook salmon released as juveniles from the net pens just below the Chelan PUD powerhouse are expected to return in sufficient numbers to provide a recreational fishery. The population is not listed under the Endangered Species Act. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 9, 2011.

Joe Stohr

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900W   Exceptions to statewide rules -- Lake Chelan.   Notwithstanding the provisions of WAC 232-28-619:

(1) Effective September 14 through October 15, 2011, it is permissible to fish for and possess salmon in waters of Lake Chelan Project (powerhouse) tailrace from the railroad bridge to the Chelan PUD safety barrier below the powerhouse. Daily limit of 6 Chinook salmon; up to 3 may be adults, of which only one may be a wild adult. Minimum size 12 inches.

(2) It is unlawful to fish from a floating device. Night closure and anti-snagging rules are in effect.

(3) All Chinook salmon with a floy (anchor) tag attached and/or with one or more holes (round, approximately 1/4-inch diameter) punched in the caudal (tail) fin must be released.

(4) It is unlawful to fish in waters of the Chelan River upstream from the powerhouse tailrace to Lake Chelan.

(5) It is unlawful to fish in the Chelan Co. PUD Powerhouse Park swimming area.

(6) Fishing along the southwest shoreline (shoreline on the same side of the river as the Chelan Co PUD Powerhouse Park) is limited to wading only (no fishing from the bank).

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REPEALER


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


WAC 232-28-61900W Exceptions to statewide rules -- Lake Chelan.

Washington State Code Reviser's Office