WSR 13-05-074

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 13-36 -- Filed February 19, 2013, 2:09 p.m. , effective March 16, 2013 ]


     Effective Date of Rule: March 16, 2013.

     Purpose: Amend recreational fishing rules.

     Citation of Existing Rules Affected by this Order: 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: Spring chinook returns to the Wind River are predicted to be below average in 2013. The expected returns are needed to provide for the hatchery escapement goals and do not provide sufficient numbers of fish for a full season fishery. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 19, 2013.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900X   Exceptions to statewide rule--Wind River   (1) Notwithstanding the provisions of WAC 232-28-619, effective March 16, 2013, until further notice:

     a. It is unlawful to fish in waters of the Wind River from 400 feet below Shipherd Falls upstream, including all tributaries.

     b. Through March 31, 2013, it is unlawful to fish in waters of the Wind River from the mouth (boundary line/markers) upstream to 400 feet below Shipherd Falls.

     (2) Effective April 1, 2013, until further notice, in waters of the Wind River from the mouth (boundary line/markers) upstream to 400 feet below Shipherd Falls:

     a. The salmon and steelhead daily limit is 1 hatchery Chinook or 1 hatchery steelhead. Wild Chinook and wild steelhead must be released.

     b. The regulation that allows for the most liberal daily limit between the adjacent mainstem Columbia River or Wind River, when both areas are open concurrently for salmon, has been rescinded.

     c. Night closure is in effect.

     (3) Effective May 1, 2013, until further notice:

     d. Anti-snagging rule will be in effect from the Burlington Northern Railroad Bridge upstream. Only fish hooked inside the mouth may be retained.

     e. The two-pole rule has been rescinded.

[]

     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.