WSR 12-02-022

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-322 -- Filed December 28, 2011, 9:26 a.m. , effective January 2, 2012 ]


Effective Date of Rule: January 2, 2012.

Purpose: Amend recreational fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900U; 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: The 2011-12 upper Columbia River steelhead run is less than in recent years and has a relatively high proportion of natural origin steelhead. The higher proportion of natural origin steelhead coupled with steady angler effort has increased the number of natural origin steelhead encounters and catch and release mortality. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 28, 2012.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900X   Exceptions to statewide rules.   (1) Notwithstanding the provisions of WAC 232-28-619, effective January 2, 2012, until further notice, 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. Whitefish anglers must follow selective gear rules in areas open to steelhead fishing, no bait is allowed.

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

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

(2) Notwithstanding the provisions of WAC 232-28-619, effective January 2, 2012, until further notice it is unlawful to fish for whitefish in the following waters:

(a) Wenatchee River - From the mouth to the Hwy 2 bridge at Leavenworth.

(b) Entiat River - upstream from the Alternate Highway 97 Bridge, near the mouth of the Entiat River to Entiat Falls.

(c) Methow River - from Gold Creek to the falls above Brush Creek.

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REPEALER


The following section of the Washington Administrative Code is repealed effective January 2, 2012:


WAC 232-28-61900U Exceptions to statewide rules -- Columbia, Entiat, Methow, Okanogan, Similkameen and Wenatchee rivers. (11-258)

Washington State Code Reviser's Office