WSR 12-08-013

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-44 -- Filed March 23, 2012, 2:33 p.m. , effective March 25, 2012 ]


Effective Date of Rule: March 25, 2012, one hour after official sunset.

Purpose: Amend recreational fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900G; 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 maximum allowable mortality of natural-origin steelhead due to angling in the affected fisheries has been reached. The Endangered Species Act Section 10 Permit sets the incidental take of listed species separately for each fishery to accommodate variation in the run strength and angling effort within the fisheries and from year to year. The 2011-12 steelhead run is less than in recent years and has a relatively high proportion of natural-origin steelhead. In addition, steady angler effort has increased the number of steelhead encounters and subsequent 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 23, 2012.

Joe Stohr

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900J   Exceptions to statewide rules.   (1) Notwithstanding the provisions of WAC 232-28-619, effective one hour after official sunset on March 25, 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.

(a) 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.

(b) 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, it is unlawful to fish for whitefish in the following waters:

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

(b) Wenatchee River: From the mouth to the Hwy 2 bridge at Leavenworth.

(c) Methow River: From Gold Creek to Foghorn Dam (1 mile upstream of Winthrop).

[]

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 one hour after official sunset on March 25, 2012:


WAC 232-28-61900G Exceptions to statewide rules. (12-36)

Washington State Code Reviser's Office