WSR 13-20-015 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 13-239—Filed September 20, 2013, 4:02 p.m., effective September 23, 2013] Effective Date of Rule: September 23, 2013.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900E and 232-28-61900R; and amending WAC 232-28-619.
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 Columbia River in-season forecast for returning up river bright fall chinook has been upgraded to 832,500. Estimates based on PIT tag expansions from returning chinook suggest that over fifty thousand fall chinook may return to the Snake River this fall. Expansion of the fishery area to include the Snake River/Columbia River Confluence Protection Area is not expected to increase impacts to the Endangered Species Act listed wild fall chinook. Therefore, adipose clipped hatchery fall chinook that are caught can be retained in the Snake River/Columbia River Confluence Protection Area and in the Snake River. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 20, 2013.
Philip Anderson
Director
NEW SECTION
WAC 232-28-61900R Exceptions to statewide rules—Snake River.
Notwithstanding the provisions of WAC 232-28-619, effective September 23 through October 31, 2013,it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect: (1) A person may fish for salmon in waters of the Snake River from the mouth upstream to the Oregon state line (located approximately 7 miles upstream of the mouth of the Grande Ronde River). (a) Daily limit of three hatchery Chinook adults (24 inches in length and larger), and six hatchery jack Chinook (less than 24 inches). Minimum size for Chinook that can be retained is 12 inches. (b) Barbless hooks are required, and anglers must stop fishing for salmon once they retain 3 hatchery steelhead (regardless of whether the salmon daily limit has been retained). (c) Anglers must immediately release unharmed all Chinook and steelhead with unclipped adipose fins. Anglers cannot remove any Chinook or steelhead from the water unless it is retained as part of the daily limit. (d) Retained adipose fin-clipped fish must have a healed scar at the location of the missing fin.
REPEALER
The following section of the Washington Administrative Code is repealed effective September 23, 2013:
The following section of the Washington Administrative Code is repealed effective November 1, 2013:
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