WSR 12-07-051

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-36 -- Filed March 15, 2012, 4:57 p.m. , effective March 16, 2012 ]


Effective Date of Rule: March 16, 2012.

Purpose: Amend recreational fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900X; 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: Recent analyses of the previous steelhead fisheries in the upper Columbia River revealed additional natural origin steelhead impacts remain under NOAA permit. Reopening steelhead fisheries in both the Wenatchee and Methow rivers will help to reduce the proportion of hatchery fish on the spawning grounds and further reduce competition between natural origin and hatchery juvenile production. Opening these areas to steelhead angling also allows whitefish angling opportunity. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 15, 2012.

Joe Stohr

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900G   Exceptions to statewide rules.   (1) Notwithstanding the provisions of WAC 232-28-619, effective March 16, 2012, until further notice, special daily limit of two hatchery steelhead, 20-inch minimum size. Mandatory retention in effect. Night closure and selective gear rules are in effect. Whitefish anglers must follow selective gear rules in areas open to steelhead fishing, no bait is allowed. Daily whitefish limit is fifteen (15) fish.

(a) Wenatchee River: From the mouth to the Wenatchee River at the Icicle Road Bridge.

(b) Methow River: From the mouth to the confluence with the Chewuch River in Winthrop. 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).

(c) Icicle River from the mouth to 500 feet downstream of the Leavenworth National Fish Hatchery Barrier Dam.

(d) Okanogan River: Open through March 31, 2012, from the mouth upstream to the Highway 97 Bridge in Oroville. EXCEPTION: CLOSED WATERS from the first powerline crossing downstream of the Hwy 155 Bridge in Omak (Coulee Dam Credit Union Building) to the mouth of Omak Creek and from the Tonasket Bridge (4th Street) downstream to the Tonasket Lagoons Park boat launch.

(e) Similkameen River: Open through March 31, 2012, from the mouth upstream to 400 feet below Enloe Dam.

(2) Notwithstanding the provisions of WAC 232-28-619, effective March 16, 2012, until further notice, it is permissible to fish for whitefish. Whitefish anglers must follow selective gear rules in areas open to steelhead fishing, no bait is allowed. Daily whitefish limit is fifteen (15) fish in the following waters:

(a) Wenatchee River: From the mouth to the Highway 2 bridge at Leavenworth.

(b) Methow River: From Gold Creek to the falls above Brush Creek.

(3) Notwithstanding the provisions of WAC 232-28-619, it is unlawful to fish for whitefish in the following waters:

(a) Entiat River: From the mouth (Hwy 97 Bridge) to Entiat Falls.

(b) Mainstem Columbia River: From Rock Island Dam to Chief Joseph Dam.

(4) Notwithstanding the provisions of WAC 232-28-619, it is unlawful to fish for steelhead in the following waters:

(a) Mainstem Columbia River: From Rock Island Dam to Chief Joseph Dam.

(b) Entiat River: Upstream from the Alternate Highway 97 Bridge near the mouth of the Entiat River to 800 feet downstream of the Entiat National Fish Hatchery outfall.

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


The following section of the Washington Administrative Code is repealed effective March 16, 2012:


WAC 232-28-61900X Exceptions to statewide rules. (11-322)

Washington State Code Reviser's Office