WSR 13-10-037

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 13-78 -- Filed April 25, 2013, 10:45 a.m. , effective May 1, 2013 ]


     Effective Date of Rule: May 1, 2013.

     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 77.12.045, 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: This regulation is needed to implement regulations for the Columbia River tributaries that were adopted during the recent North of Falcon process. These rules are interim until permanent rules take effect.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 25, 2013.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900Y   Freshwater exceptions to statewide rules -- Columbia River and tributaries.   Notwithstanding the provisions of WAC 232-28-619, effective May 1, 2013, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:

     Columbia River from the Megler-Astoria Bridge to a projected line from Rocky Point on the Washington bank through Red Buoy 44 to the navigation light at Tongue Point on the Oregon bank: From July 1 through July 31, release adult Chinook and sockeye.

     Columbia River from a line projected line from Rocky Point on the Washington bank through Red Buoy 44 to the navigation light at Tongue Point on the Oregon bank to the I-5 Bridge: From May 16 through June 15 and July 1 through July 31, release adult Chinook and sockeye.

     Columbia River from I-5 Bridge to Bonneville Dam: Effective July 1 through July 31, release adult Chinook and sockeye.

     Columbia River from Bonneville Dam to the Washington/Oregon border 17 miles upstream from McNary Dam:

     (i) Effective immediately through May 5, daily salmonid limit is 6 fish (hatchery Chinook or hatchery steelhead), of which no more than 2 can be adults or 1 of each. Release all wild Chinook and wild steelhead. Salmon minimum size is 12 inches.

     (ii) Bank fishing only from Bonneville Dam to Tower Island powerlines located approximately 6 miles below The Dalles Dam.

     Kalama River from boundary markers at the mouth to 1,000 feet below the fishway at upper salmon hatchery:

     (a) Effective immediately through July 31, release all Chinook.

     (b) Until further notice, stationary gear restriction has been rescinded.

     Lewis River (Clark/Cowlitz County) from mouth to mouth of East Fork: Effective immediately through July 31, release all Chinook.

     Lewis River, North Fork (Clark/Cowlitz County) from mouth of East Fork to Johnson Creek: Effective immediately through July 31, release all Chinook.

     Lewis River, North Fork (Clark/Cowlitz County) from Johnson Creek to overhead powerlines below Merwin Dam:

     (a) Effective immediately through May 31, closed to all fishing.

     (b) Effective immediately through July 31, release all Chinook.

     (c) Trout: Effective June 1 until further notice, catch and release, except up to 2 hatchery steelhead may be retained.

     (d) Other game fish: Effective June 1, statewide minimum size and daily limit are in effect.

     (e) Night closure and anti-snagging rule will be in effect June 1 until further notice.

     Washougal River (Clark County) from mouth to Salmon Falls: Until further notice, stationary gear restriction has been rescinded.

     Wind River (Skamania County) from mouth (boundary/line markers) to 400 feet below Shipherd Falls:

     (a) Effective immediately through July 31, daily limit is 1 salmon or hatchery steelhead. Release wild Chinook.

     (b) Until further notice, the two-pole endorsement has been rescinded.

     Wind River from 100' above Shipherd Falls to Moore Bridge: Until further notice, closed to all fishing.

[]

     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 May 1, 2013:


WAC 232-28-61900W Exceptions to statewide rules -- Lewis and Kalama rivers. (13-29)