WSR 12-14-054

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-127 -- Filed June 28, 2012, 3:11 p.m. , effective June 28, 2012, 3:11 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend recreational fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900I, 232-28-61900R and 232-28-61900S; 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 department is in the process of adopting permanent rules that are necessary to implement the personal-use fishing plans agreed to with resource comanagers at the North of Falcon proceedings. These emergency rules are necessary to comply with agreed-to management plans. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 3.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900U   Freshwater exceptions to statewide rules -- 2012 North of Falcon Eastern Washington rivers and Columbia River.   Notwithstanding the provisions of WAC 232-28-619 and WAC 220-55-255, effective immediately until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:

1. Columbia River:

a. North Jetty: Barbed hooks allowed for salmon 7 days per week when Marine Area 1 or Buoy 10 are open for salmon.

b. The Columbia River from the Megler-Astoria Bridge upstream to Bonneville Dam: Effective immediately through July 31, 2012: Open to retention of Chinook and sockeye. Daily salmonid limit is 6 fish. Up to 2 may be adult salmon or hatchery steelhead, or 1 of each. Release all salmon other than hatchery Chinook and sockeye. July 2 - July 31, release adult Chinook and sockeye. Salmon minimum size is 12 inches.

c. The Columbia River from Bonneville Dam upstream to the Highway 395 Bridge in Pasco: Effective immediately through July 31, 2012: Open to retention of salmon and steelhead. Daily salmonid limit is 6 fish. Up to 2 may be adult salmon or hatchery steelhead, or 1 of each. Release all salmon other than hatchery Chinook and sockeye Salmon minimum size is 12 inches.

d. From the Highway 395 Bridge at Pasco to Priest Rapids Dam, except Ringold Spring Creek (Hatchery Creek): Salmon: Effective immediately through July 31: Daily limit 6 fish, of which no more than 2 may be adult hatchery Chinook. Release wild Chinook.

e. Ringold Area Bank Fishery waters (from WDFW markers 1/4 mile downstream from the Ringold wasteway outlet, to WDFW markers 1/2 mile upstream from Spring Creek): Immediately until further notice, same rules as the adjoining Columbia River.

f. From Priest Rapids Dam to Wells Dam: All Species: Anglers in possession of a valid two-pole endorsement may use up to two lines while fishing from July 1 through August 31. Salmon: Open July 1 until further notice. Daily limit 6 Chinook and 6 sockeye only. Of the 6 Chinook, no more than 3 may be adult Chinook, and of these 3 adult Chinook, only 1 may be a wild adult Chinook.

g. From Wells Dam to Highway 173 Bridge at Brewster: All Species: Anglers in possession of a valid two-pole endorsement may use up to two lines while fishing from July 16 through August 31. Salmon: Open July 16 until further notice. Daily limit 6 Chinook and 6 sockeye only. Of the 6 Chinook, no more than 3 may be adult Chinook, and of these 3 adult Chinook, only 1 may be a wild adult Chinook.

h. From Highway 173 Bridge at Brewster to Chief Joseph Dam: All Species: Anglers in possession of a valid two-pole endorsement may use up to two lines while fishing from July 1 through August 31. Salmon: Open July 1 until further notice. Daily limit 6 Chinook and 6 sockeye only. Of the 6 Chinook, no more than 3 may be adult Chinook, and of these 3 adult Chinook, only 1 may be a wild adult Chinook.

i. From Priest Rapids Dam to Chief Joseph Dam: Effective July 1 through October 15, release all Chinook and sockeye with external floy tags and/or with one or more holes (round, approximately 1/4 inch diameter) punched in the caudal (tail) fin.

2. Cowlitz River (Lewis County):

From Lexington Bridge Drive in Kelso upstream to the Highway 505 Bridge in Toledo: All Species: Anglers in possession of a valid two-pole endorsement may use up to two lines while fishing.

3. Klickitat River (Klickitat County):

From mouth to Fisher Hill Bridge: When anti-snagging rule is in effect, only fish hooked inside the mouth may be retained.

4. Lewis River (Clark County):

From railroad bridge near Kuhnis Road upstream to mouth of East Fork Lewis: Anglers in possession of a valid two pole endorsement may use up to two lines while fishing.

5. Lewis River, North Fork (Clark/Skamania counties):

From mouth to Johnson Creek: Anglers in possession of a valid two-pole endorsement may use up to two lines while fishing.

6. Wind River (Skamania County):

From mouth to 400 feet below Shipherd Falls: Salmon and Steelhead: Open immediately through July 31. Fishing for trout (except hatchery steelhead) is closed. From mouth to railroad bridge, anglers in possession of a valid two-pole endorsement may use up to two lines while fishing, effective immediately through June 30.

7. Little White Salmon River (Skamania County):

Drano Lake (waters downstream of markers on point of land downstream and across from Little White Salmon National Fish Hatchery): All Species: Anglers in possession of a valid two-pole endorsement may use up to two lines while fishing, effective immediately through June 30.

8. White Salmon River (Klickitat/Skamania counties):

a) From county road bridge below powerhouse to Northwestern Lake Road Bridge: Closed waters.

b) From Northwestern Lake Road Bridge to 400 feet below Big Brother's Falls at River Mile 16: Closed waters from Big Brother's Falls downstream 400 feet. All game fish: Effective immediately, catch and release only, except up to 2 hatchery steelhead may be retained. Selective gear rules in effect.

9. Okanogan River (Okanogan County):

Salmon: Open July 1 until further notice. Daily limit 6 Chinook and 6 sockeye only. Of the 6 Chinook, no more than 3 may be adult Chinook, and of these 3 adult Chinook, only 1 may be a wild adult Chinook. Effective July 1 through October 15, release all Chinook and sockeye with external floy tags and/or with one or more holes (round, approximately 1/4 inch diameter) punched in the caudal (tail) fin.

10. Similkameen River (Okanogan County):

From the mouth to Enloe Dam: Salmon: Open July 1 until further notice. Daily limit 6 Chinook and 6 sockeye only. Of the 6 Chinook, no more than 3 may be adult Chinook, and of these 3 adult Chinook, only 1 may be a wild adult Chinook. Effective July 1 through October 15, release all Chinook and sockeye with external floy tags and/or with one or more holes (round, approximately 1/4 inch diameter) punched in the caudal (tail) fin.

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REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 232-28-61900I Freshwater exceptions to statewide rules--2012 North of Falcon Eastern Washington rivers and Columbia River. (12-105)
WAC 232-28-61900R Exceptions to statewide rules--Columbia, Okanogan and Similkameen rivers. (12-121)
WAC 232-28-61900S Exceptions to statewide rules--Columbia River. (12-125)

Washington State Code Reviser's Office