WSR 14-01-014 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 13-296—Filed December 6, 2013, 1:37 p.m., effective December 8, 2013] Effective Date of Rule: Decemer [December] 8, 2013.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900J; and amending WAC 232-28-619.
Statutory Authority for Adoption: RCW 77.04.020, 77.12.045, and 77.12.047.
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 allowable take (mortality) of Endangered Species Act listed natural origin steelhead due to angling effects is approaching the maximum limit for the waters listed. The 2013-2014 steelhead run is much lower than in recent years and has a relatively high proportion of natural origin fish. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 6, 2013.
Philip Anderson
Director
NEW SECTION
WAC 232-28-61900T Exceptions to statewide rules—Columbia, Methow, Okanogan, Similkameen, Wenatchee and Icicle rivers.
Notwithstanding the provisions of WAC 232-28-619, the following provisions are in effect December 8, 2013, one hour after official sunset. Unless otherwise amended, all permanent rules remain in effect: (1) It is permissible to fish for steelhead in the following waters: (a) Mainstem Columbia River: From Wells Dam upstream to 400 feet below Chief Joseph Dam. (b) Methow River: From the mouth upstream to the confluence with the Chewuch River in Winthrop. (c) Okanogan River: From the mouth upstream to the Highway 97 Bridge in Oroville. (d) Similkameen River: From the mouth upstream to 400 feet below Enloe Dam. (2) Mandatory retention of adipose fin clipped steelhead, daily limit two (2) hatchery steelhead, 20 inch minimum size. Hatchery steelhead are identified by a missing adipose fin with a healed scar in its location. Release all steelhead with a floy (anchor) tag attached and/or one or more round 1/4 inch diameter holes punched in the caudal (tail) fin. (3) Adipose present steelhead must be released unharmed and cannot be removed from the water prior to release. (4) Night closure and selective gear rules remain in effect, except bait is allowed on the mainstem Columbia River from Wells Dam upstream to 400 feet below Chief Joseph Dam. (5) It is unlawful to fish for whitefish and steelhead in waters of the Wenatchee River from the mouth upstream to the Icicle River Road Bridge. (6) It is unlawful to fish for steelhead in the following waters: (a) Mainstem Columbia River: From Rock Island Dam upstream to 400 feet below Wells Dam. (b) Icicle River: From the mouth upstream to 500 feet below the Leavenworth National Fish Hatchery Barrier Dam.
REPEALER
The following section of the Washington Administrative code is repealed effective December 8, 2013, one hour after official sunset:
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