WSR 14-05-032 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 14-32—Filed February 11, 2014, 4:42 p.m., effective February 13, 2014] Effective Date of Rule: February 13, 2014.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900T; 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: Recent analyses of the ongoing steelhead fisheries in portions of the upper Columbia River has revealed sufficient natural origin steelhead impacts still remain under the NOAA issued ESA section 10 permit. Reopening steelhead fisheries in the Columbia, Wenatchee and Icicle rivers will help to reduce the proportion of hatchery fish on the spawning grounds and further reduce competition between natural origin and hatchery juvenile production. Opening these areas to steelhead angling also allows whitefish angling opportunity on the Wenatchee. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 11, 2014.
Joe Stohr
for Philip Anderson
Director
NEW SECTION
WAC 232-28-61900F 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 February 13, 2014, one hour before official sunrise. 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 and from Rock Island Dam upstream to 400 feet below Wells Dam.
(b) Methow River: From the mouth upstream to the confluence with the Chewuch River in Winthrop. Fishing from a floating device is prohibited from the second powerline crossing (1 mile upstream from the mouth) to the first Hwy 153 Bridge (4 miles upstream from the mouth).
(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.
(e) Wenatchee River from the mouth to 400 feet below Tumwater Dam, including the Icicle River from the mouth to 500 feet downstream of the Leavenworth National Fish Hatchery Barrier 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.
(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. Bait is allowed on mainstem Columbia River from Rock Island Dam to 400 feet below Chief Joseph Dam.
(5) Whitefish anglers must follow selective gear rules in areas open to steelhead fishing, no bait is allowed.
(6) Release all steelhead with a floy (anchor) tag attached and/or one or more round 1/4 inch in diameter holes punched in the caudal (tail) fin.
REPEALER
The following section of the Washington Administrative Code is repealed effective February 13, 2014, one hour before official sunrise:
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