WSR 14-07-002 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 14-38—Filed March 6, 2014, 9:56 a.m., effective March 7, 2014] Effective Date of Rule: March 7, 2014.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900F; and amending WAC 220-310-195.
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: Sections of the Okanogan River around the mouth of Omak and Tonasket creeks will close early to protect natural origin steelhead staging prior to spawning within those tributaries. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 6, 2014.
Philip Anderson
Director
NEW SECTION
WAC 220-310-19500A Freshwater exceptions to statewide rules—Methow, Okanogan, Similkameen, Wenatchee and Icicle rivers.
Notwithstanding the provisions of WAC 220-310-195, effective March 7, 2014, until further notice, the following provisions are in effect. Unless otherwise amended, all permanent rules remain in effect:
(1) It is permissible to fish for steelhead in the following waters:
(a) 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).
(b) Okanogan River: From the mouth upstream to the Highway 97 Bridge in Oroville, except: From the first power line crossing downstream of the Highway 155 Bridge in Omak (Coulee Dam Credit Union Building) to the mouth of Omak Creek and from the Tonasket Bridge (4th street) downstream to the Tonasket Lagoons Park boat launch.
(c) Similkameen River: From the mouth upstream to 400 feet below Enloe Dam.
(d) 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.
(5) Whitefish anglers must follow selective gear rules in areas open to steelhead fishing, no bait is allowed.
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.
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 effective March 7, 2014:
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