WSR 13-16-054
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 13-177—Filed August 1, 2013, 1:29 p.m., effective August 1, 2013, 1:29 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900D and 232-28-61900T; 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: The department is in the process of filing permanent rules that were adopted by the Washington fish and wildlife commission for sportfishing, and permanent rules that will be adopted by the department for recreational salmon fishing. The salmon rules were agreed to with resource comanagers at the North of Falcon proceedings. Recent estimates of Okanogan sockeye are predicted to be adequate to allow for an anticipated low level (3,000-4,000) of angler harvest. Allowing sockeye retention will provide additional fishing opportunity.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 1, 2013.
Philip Anderson
Director
NEW SECTION
WAC 232-28-61900D Exceptions to statewide rules.
Notwithstanding the provisions of WAC 232-28-619, effective immediately, until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:
1. Chelan River (Chelan County):
(a) It is unlawful to use other than barbless hooks while fishing for salmon and steelhead.
(b) From September 1 until further notice, anti-snagging rule and night closure in effect.
(c) Salmon: Open from September 1 until further notice, daily limit 6 hatchery Chinook of which no more than 2 adult hatchery Chinook may be retained. Release all wild Chinook salmon.
2. Columbia River, including impoundments and all connecting sloughs, except Wells Ponds:
(a) From McNary Dam to Priest Rapids Dam:
(i) It is unlawful to use other than barbless hooks while fishing for salmon and steelhead.
(c) From Priest Rapids Dam to Chief Joseph Dam:
(i) It is unlawful to use other than barbless hooks while fishing for salmon and steelhead.
(iii) Effective immediately until further notice, daily limit 6 salmon, of which only 2 of which may be adult hatchery Chinook and 2 may be adult sockeye. Minimum size for adult Chinook salmon is 24 inches; minimum size for adult sockeye is 12 inches. Release all wild Chinook and coho salmon. Anglers must stop fishing once adult salmon limit has been harvested. Salmon with floy tags and/or one or more holes (round, approximately 1/4" in diameter) punched in the tail must be released.
3. Okanogan River (Okanogan County):
(a) It is unlawful to use other than barbless hooks while fishing for salmon and steelhead.
(b) From the mouth upstream to the first Highway 97 Bridge:
(i) Effective immediately until further notice, anglers fishing with two poles is permissible as long as the angler possess a two-pole endorsement.
(ii) Effective immediately until further notice, daily limit 6 salmon, of which only 2 of which may be adult hatchery Chinook and 2 may be adult sockeye. Minimum size for adult Chinook salmon is 24 inches; minimum size for adult sockeye is 12 inches. Release all wild Chinook and coho salmon. Anglers must stop fishing once adult salmon limit has been harvested. Salmon with floy tags and/or one or more holes (round, approximately 1/4" in diameter) punched in the tail must be released.
(c) Upstream from the first Highway 97 Bridge: Effective immediately through September 15, daily limit 6 salmon, of which only 2 of which may be adult hatchery Chinook and 2 may be adult sockeye. Minimum size for adult Chinook salmon is 24 inches; minimum size for adult sockeye is 12 inches. Release all wild Chinook and coho salmon. Anglers must stop fishing once adult salmon limit has been harvested. Salmon with floy tags and/or one or more holes (round, approximately 1/4" in diameter) punched in the tail must be released.
4. Similkameen River (Okanogan County):
(a) Closed from Enloe Dam downstream 400 feet.
(b) It is unlawful to use other than barbless hooks while fishing for salmon and steelhead.
(c) Effective immediately through September 15, daily limit 6 salmon, of which only 2 of which may be adult hatchery Chinook and 2 may be adult sockeye. Minimum size for adult Chinook salmon is 24 inches; minimum size for adult sockeye is 12 inches. Release all wild Chinook and coho salmon. Anglers must stop fishing once adult salmon limit has been harvested. Salmon with floy tags and/or one or more holes (round, approximately 1/4" in diameter) punched in the tail must be released.
5. Yakima River (Yakima County):
(a) From mouth (Hwy. 240 Bridge) to 400 feet below Prosser Dam, it is unlawful to use other than barbless hooks while fishing for salmon and steelhead.
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900T
Exceptions to statewide rules—Columbia and Okanogan Rivers. (13-133)
The following section of the Washington Administrative Code is repealed effective October 1, 2013:
WAC 232-28-61900D
Exceptions to statewide rules.