WSR 11-20-040

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-258 -- Filed September 27, 2011, 3:56 p.m. , effective September 28, 2011 ]


Effective Date of Rule: September 28, 2011.

Purpose: Amend recreational fishing rules.

Citation of Existing Rules Affected by this Order: 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-origin steelhead in excess of desired escapement goals are forecast to return to the upper Columbia River. The fishery will reduce the number of excess hatchery-origin steelhead and consequently increase the proportion of natural-origin steelhead on the spawning grounds. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900U   Exceptions to statewide rules -- Columbia, Entiat, Methow, Okanogan, Similkameen and Wenatchee rivers.   Notwithstanding the provisions of WAC 232-28-619, in the following waters special daily limit of two hatchery steelhead, 20-inch minimum size. Release all steelhead with one or more round 1/4-inch diameter holes punched in the caudal (tail) fin. Mandatory retention in effect.

(1) Mainstem Columbia River from Rock Island Dam to 400 feet below Chief Joseph Dam: Open September 28, 2011, until further notice. Night closure and selective gear rules apply, except bait is allowed.

(2) Entiat River upstream from the Alternate Highway 97 Bridge near the mouth of the Entiat River, approximately 6 miles to 800 feet downstream of the Entiat National Fish Hatchery outfall: Open September 28, 2011, until further notice. Night closure and selective gear rules apply.

(3) Methow River from the Hwy 97 Bridge in Pateros upstream to the confluence with the Chewuch River in Winthrop, WA: Open September 28, 2011, until further notice. Night closure and selective gear rules apply. Fishing from a floating device is prohibited from the second powerline crossing (1 mile upstream from the mouth) to the first Hwy 153 bridge (4 miles upstream from the mouth).

(4) Okanogan River from the mouth upstream to Hwy 97 Bridge in Oroville: Open September 28, 2011, until further notice. Night closure and selective gear rules apply.

(5) Similkameen River from its mouth to 400 feet below Enloe Dam: Open November 1, 2011 until further notice. Night closure and selective gear rules apply.

(6) Wenatchee River from the mouth to the Wenatchee river at the Icicle Road Bridge, including the Icicle River from the mouth to 500 feet downstream of the Leavenworth National Fish Hatchery Barrier Dam: Open September 28, 2011, until further notice. Night closure and selective gear rules apply.

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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.

Washington State Code Reviser's Office