WSR 12-16-053

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-157 -- Filed July 27, 2012, 4:42 p.m. , effective August 1, 2012 ]


Effective Date of Rule: August 1, 2012.

Purpose: Amend recreational fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900W; and amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 77.15.045 [77.12.045], 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 Columbia River compact adopted the mark-selective fishery for fall chinook in the lower Columbia River for one week in September. Endangered Species Act (ESA) impacts were set aside during the preseason planning process for this pilot fishery. This fishery will occur if ESA impacts remain available to offer this fishery and are not used in prior fisheries. Conforms Washington rules with Oregon rules. Rules are consistent with the action of the joint states on July 6 and 26, 2012. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 27, 2012.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900J   Freshwater exceptions to statewide rules -- Columbia River.   Notwithstanding the provisions of WAC 232-28-619 and WAC 220-55-255, effective August 1, 2012, 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 a true north-south line through Buoy 10 upstream to a line projected from Rocky Point on the Washington bank through Red Buoy 44 to the navigation light at Tongue Point on the Oregon bank:

i. Effective August 1 through September 3, 2012: Open to retention of salmon and steelhead. Daily limit 2 salmon or 2 hatchery steelhead or 1 of each; only 1 may be a Chinook. Release all salmon except Chinook and hatchery coho. Chinook minimum length 24 inches. Coho minimum length 16 inches.

ii. Effective September 4 through September 30, 2012: Open to retention of salmon and steelhead. Daily limit 2 salmon or 2 hatchery steelhead or one of each; release all salmon except hatchery coho. Coho minimum length 16 inches.

c. The Columbia River from a line projected from Rocky Point on the Washington bank through Red Buoy 44 to the navigation light at Tongue Point on the Oregon bank, upstream to a line projected from the Warrior Rock Lighthouse, through Red Buoy #4, to the orange marker atop the dolphin on the Washington shore:

i. Effective August 1 through September 9, 2012: Open to retention of salmon and steelhead. Daily limit 6 fish, of which no more than 2 may be adult salmon or hatchery steelhead or 1 of each; of the adult salmon, only 1 may be a Chinook. Release all salmon except Chinook and hatchery coho. Salmon minimum length 12 inches.

ii. Effective September 10 through September 16, 2012: Open to retention of salmon and steelhead. Daily limit 6 fish, of which no more than 2 may be adult salmon or hatchery steelhead or 1 of each; of the adult salmon, only 1 may be a Chinook. Release all salmon except hatchery Chinook and hatchery coho. Salmon minimum length 12 inches.

iii. Effective September 17 through September 30, 2012: Open to retention of salmon and steelhead. Daily limit 6 fish, of which no more than 2 may be adult salmon or hatchery steelhead or 1 of each. Release all salmon except hatchery coho. Salmon minimum length 12 inches.

iv. Effective October 1, 2012, until further notice: Open to retention of salmon and steelhead. Daily limit 6 fish, of which no more than 2 may be adult salmon or hatchery steelhead or 1 of each. Release all salmon except Chinook and hatchery coho. Salmon minimum length 12 inches.

d. The Columbia River from a line projected from the Warrior Rock Lighthouse, through Red Buoy #4, to the orange marker atop the dolphin on the Washington shore upstream to Bonneville Dam:

i. Effective August 1 through September 9, 2012: Open to retention of salmon and steelhead. Daily limit 6 fish, of which no more than 2 may be adult salmon or hatchery steelhead or 1 of each; of the adult salmon, only 1 may be a Chinook. Release all salmon except Chinook and hatchery coho. Salmon minimum length 12 inches.

ii. Effective September 10 until further notice: Open to retention of salmon and steelhead. Daily limit 6 fish, of which no more than 2 may be adult salmon or hatchery steelhead or 1 of each. Salmon minimum length 12 inches.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900W Exceptions to statewide rules -- Columbia River. (12-95)

Washington State Code Reviser's Office