WSR 13-20-048 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 13-254—Filed September 25, 2013, 2:39 p.m., effective September 26, 2013, 12:01 a.m.] Effective Date of Rule: September 26, 2013, 12:01 a.m.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900K; 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: Removes mark-selective regulations for the Columbia River chinook fishery downstream of the Warrior Rock boundary (near the mouth of the Lewis River) prior to the scheduled date of October 1. Mark-selective regulations were imposed to minimize take of Endangered Species Act (ESA) listed lower Columbia River (LCR) wild chinook. ESA impacts on the LCR wild chinook have been tracking less than expected in this fishery. Record breaking abundance of upriver fall chinook returns to the Columbia River resulted in additional chinook available for harvest in non-Indian fisheries. This regulation is to provide opportunity to access these chinook, while remaining within ESA constraints. This regulation is consistent with compact action of September 12 and September 24, 2013. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 25, 2013.
Philip Anderson
Director
NEW SECTION
WAC 232-28-61900N Freshwater exceptions to statewide rules—Columbia River and tributaries.
Notwithstanding the provisions of WAC 232-28-619, effective immediately, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect: 1. Columbia River from a true north/south line through Buoy 10 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: (a) Effective immediately until further notice: Barbless hooks are required for salmon and steelhead. (b) Effective September 26-30. Chinook minimum size 24-inches. Coho minimum size 16-inches. Daily limit 2 salmon or hatchery steelhead or 1 of each. Release all salmon except Chinook and hatchery coho (c) October 1 through December 31, 2013: Minimum size 12-inches. Daily limit 6. Up to 2 may be adult salmon or hatchery steelhead, or 1 or each. Release all salmon except Chinook and hatchery coho. 2. Columbia River from a line projected from Rocky Point on the Washington bank through Red Buoy 44 to the navigation light at Tongue Point on the Oregon bank (Rocky Point/Tongue Point line) to Bonneville Dam: (a) Effective immediately until further notice: Barbless hooks are required for salmon and steelhead. (b) Effective immediately until further notice: Barbless hooks are required for cutthroat trout from the Rocky Point/Tongue Point line upstream to the I-5 Bridge. (c) Effective September 26 through December 31, 2013: Daily limit 6. Up to 2 may be adult salmon or hatchery steelhead or 1 of each. Release all salmon other than Chinook and hatchery coho. 3. In the Columbia River from the Tongue Point/Rocky Point Line upstream to the Highway 395 Bridge near Pasco, Washington, effective immediately through December 31, 2013: Each (legal) angler aboard a vessel may continue to deploy angling gear until the daily limit of salmon/steelhead for all licensed anglers and juvenile anglers aboard is reached. 4. In the Columbia River from Bonneville Dam to Chief Joseph Dam effective immediately until further notice: barbless hooks required for salmon and steelhead. (a) Open for salmon. (b) Barbless hooks are required for salmon and steelhead.
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:
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