WSR 13-05-002

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 13-28 -- Filed February 6, 2013, 2:11 p.m. , effective February 8, 2013 ]


     Effective Date of Rule: February 8, 2013.

     Purpose: Amend recreational fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900D; 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 ongoing steelhead fisheries in portions of the upper Columbia River has revealed sufficient natural origin steelhead impacts still remain under the NOAA issued ESA section 10 permit. Reopening steelhead fisheries in both the Wenatchee and Icicle 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 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 6, 2013.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900V   Exceptions to statewide rules -- Columbia, Okanogan, Similkameen, Wenatchee and Icicle rivers   Notwithstanding the provisions of WAC 232-28-619, effective one hour before official sunrise on February 8, 2013, in waters of the Columbia, Okanogan, Similkameen, Wenatchee and Icicle Rivers it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:

     (1) Mandatory retention of adipose fin clipped steelhead, daily limit two (2) hatchery steelhead, 20 inch minimum size. Hatchery steelhead are identified by a missing adipose fin with a healed scar in its location.

     (2) Adipose present steelhead must be released unharmed and cannot be removed from the water prior to release.

     (3) Night closure and selective gear rules remain in effect, except bait allowed on mainstem Columbia River.

     (a) A person may fish for steelhead in the Columbia River from Rock Island Dam to the boundary markers below Wells Dam and from the Highway 173 Bridge in Brewster to 400 feet below Chief Joseph Dam.

     (b) A person may fish for steelhead in the Wenatchee River from the mouth to 400 feet below Tumwater Dam, including the Icicle River from the mouth to 500 feet downstream of the Leavenworth National Fish Hatchery Barrier Dam.

     (c) A person may fish for steelhead in the Okanogan River from the mouth upstream to the Highway 97 Bridge in Oroville.

     (d) A person may fish for steelhead in the Similkameen River from the mouth upstream to 400 feet below Enloe Dam.

     (d) A person may fish for whitefish in the Wenatchee River from the mouth to the Hwy 2 bridge at Leavenworth.

     (4) Effective one hour before official sunrise on Feb 8 2013, until further notice, it is unlawful to fish for whitefish in the following waters:

     (a) Entiat River: Upstream from the Alternate Highway 97 Bridge, near the mouth of the Entiat River to Entiat Falls.

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

[]

     Reviser's note: The typographical error 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 before official sunrise February 8, 2013:


WAC 232-28-61900D Exceptions to statewide rules -- Columbia, Entiat, Icicle, Methow, Okanogan, Similkameen, and Wenatchee rivers. (12-276)