WSR 12-11-084

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-85 -- Filed May 17, 2012, 3:53 p.m. , effective May 17, 2012, 3:53 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend recreational fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900M and 232-28-61900Q; 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: Based on the most recent chinook run estimate, the catch rates being observed, and projected harvest, the allowable catch of salmon for the Snake River in Washington will be reached sooner than initially identified. Because the wild portion of the run is protected under the Endangered Species Act (ESA), fisheries must be managed to remain within the guidelines of the ESA.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 17, 2012.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900Q   Exceptions to statewide rules -- Snake River.   Notwithstanding the provisions of WAC 232-28-619:

(1) Effective immediately until one hour after official sunset on May 18, 2012, a person may fish for and possess salmon in waters of the Snake River from the South Bound Highway 12 Bridge at Pasco upstream about 7 miles to the fishing restriction boundary below Ice Harbor Dam. Daily limit of two adult hatchery Chinook, plus four jack Chinook salmon. Minimum size for Chinook is 12 inches in length.

(a) All Chinook with the adipose fin intact, and all steelhead, must be released immediately, unharmed.

(b) Hooks must be barbless when fishing for all species, and only single barbless hooks are allowed when fishing for sturgeon.

(c) It is unlawful to use any hook larger than 5/8-inch (point of hook to shank) for all species except sturgeon.

(d) Night closure is in effect for salmon and sturgeon.

(e) For all areas open for Chinook, anglers must cease fishing for Chinook when the adult limit has been retained for the day.

(2) Effective immediately until one hour after official sunset on May 18, 2012, a person may fish for and possess salmon in the following waters of the Snake River from the railroad bridge approximately 1/2 mile downstream of Tucannon River mouth, upriver to the fishing restriction boundary below Little Goose Dam, and from Little Goose Dam to the Corps of Engineers boat launch approximately 1 mile upstream of Little Goose Dam (along the south shoreline). This zone includes the area between the juvenile bypass return pipe and Little Goose Dam along the south shoreline of the facility (includes the walkway area locally known as "the wall" in front of the juvenile collection facility). Daily limit of two adult hatchery Chinook, plus four jack Chinook salmon. Minimum size for Chinook is 12 inches in length.

(a) All Chinook with the adipose fin intact, and all steelhead, must be released immediately, unharmed.

(b) Hooks must be barbless when fishing for all species, and only single barbless hooks are allowed when fishing for sturgeon.

(c) It is unlawful to use any hook larger than 5/8-inch (point of hook to shank) for all species except sturgeon.

(d) Night closure is in effect for salmon and sturgeon.

(e) For all areas open for Chinook, anglers must cease fishing for Chinook when the adult limit has been retained for the day.

(f) However, when fishing along "the wall" and walkway area upstream of the juvenile fish bypass return pipe below Little Goose Dam, the daily limit is one adult hatchery Chinook and one jack salmon. Anglers must cease fishing when the one allowed adult is retained.

Minimum size for Chinook is 12 inches in length.

(3) Effective immediately through May 31, 2012, a person may fish for and possess salmon in the following waters of the Snake River:

(a) Snake River from Casey Creek Canyon Road on the Garfield County shore (approximately 6 miles downstream of Lower Granite Dam) to the fishing restriction boundary downstream of Lower Granite Dam.

(b) Snake River from the intersection of Steptoe Canyon Road with Wawawai River Road on the Whitman County shore, upriver approximately 12 miles to the Idaho state line (from the east levee of the Greenbelt boat launch in Clarkston, northwest across the Snake River to the WA/ID boundary marker on the Whitman County shore).

(i) Daily limit of two adult hatchery Chinook and four jack Chinook salmon. Minimum size for Chinook is 12 inches in length.

(ii) All Chinook with the adipose fin intact, and all steelhead, must be release immediately, unharmed.

(iii) Hooks must be barbless when fishing for all species, and only single barbless hooks are allowed when fishing for sturgeon.

(iv) It is unlawful to use any hook larger than 5/8-inch (point of hook to shank) for all species except sturgeon.

(v) Night closer is in effect for salmon and sturgeon.

(vi) For all areas open for Chinook, anglers must cease fishing for Chinook when the adult limit has been retained for the day.

[]

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.
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900M Exceptions to statewide rules -- Snake River. (12-50)

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. June 1, 2012:


WAC 232-28-61900Q Exceptions to statewide rules -- Snake River.

Washington State Code Reviser's Office