WSR 13-14-098
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 13-140—Filed July 2, 2013, 9:03 a.m., effective July 3, 2013]
Effective Date of Rule: July 3, 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: The Yakama Nation and Washington department of fish and wildlife are continuing the reintroduction of anadromous (sea-going) sockeye salmon in the upper Cle Elum Basin that began in 2009. Very few, if any, anadromous adult sockeye will be smaller than sixteen inches, and few landlocked kokanee are greater than twelve inches. Therefore, a fourteen-inch maximum size limit will allow kokanee fisheries in both lakes to proceed without risking harvest of adult sockeye dedicated to the reintroduction effort and needed for natural spawning in the fall. The seven-inch minimum size for retention will protect juvenile anadromous sockeye rearing in the two lakes from being inadvertently harvested before they smoltify and migrate to the ocean. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 2, 2013.
Joe Stohr
for Philip Anderson
Director
NEW SECTION
WAC 232-28-61900X Exceptions to statewide rules—Cooper Lake and Cle Elum Lake (Reservoir). Notwithstanding the provisions of WAC 232-28-619, effective July 3, 2013, until further notice, in waters of Cle Elum and Cooper Lakes, minimum size for kokanee is 7 inches in length and maximum size is 14 inches in length.