WSR 13-07-047

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 13-46 -- Filed March 15, 2013, 3:15 p.m. , effective March 17, 2013 ]


     Effective Date of Rule: March 17, 2013.

     Purpose: Amend recreational fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900Y and 232-28-61900A; 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 analysis of the current whitefish and steelhead fisheries within the Methow and Chewuch River systems indicates that the maximum take limit on natural origin steelhead has been met. In addition, take limits for the Chewuch and upper Methow River whitefish fisheries have been reached, necessitating a closure on whitefish as well as steelhead angling. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 15, 2013

Joe Stohr

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900A   Exceptions to statewide rules -- Columbia, Okanogan, Similkameen, Wenatchee and Icicle rivers   Notwithstanding the provisions of WAC 232-28-619, effective one hour after official sunset on March 17, 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 of two (2) hatchery steelhead, 20-inch minimum size. Hatchery steelhead are identified by a clipped 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.

     (4) Whitefish anglers must follow selective gear rules in areas open to steelhead fishing. No bait is allowed. Daily whitefish limit is fifteen (15) fish.

     (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. However, effective one hour after sunset on March 17, 2013, closed from the first powerline crossing downstream of the Hwy 155 Bridge in Omak (Coulee Dam Credit Union Building) to the mouth of Omak Creek, and from the Tonasket Lagoons Park boat launch to the Tonasket Bridge (4th Street).

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

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

     (5) 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 the mouth (Hwy 97 Bridge in Pateros) to the falls above Brush Creek.

     (c) Chewuch River: From the mouth (Winthrop) to Pasayten wilderness boundary.

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REPEALER


     The following section of the Washington Administrative Code is repealed effective one hour after official sunset March 17, 2013:


WAC 232-28-61900Y Exceptions to statewide rules -- Columbia, Icicle, Methow, Okanogan, Similkameen, and Wenatchee rivers. (13-39)

     The following section of the Washington Administrative Code is repealed effective one hour after official sunset March 31, 2013:


WAC 232-28-61900A Exceptions to statewide rules -- Columbia, Entiat, Icicle, Okanogan, Similkameen, and Wenatchee rivers.