WSR 14-07-013 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 14-40—Filed March 6, 2014, 3:23 p.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: Amending WAC 220-310-200.
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 [have] revealed sufficient natural origin steelhead impacts still remain under the NOAA issued Endangered Species Act section 10 permit. Reopening steelhead fisheries in the Columbia River will help to reduce the proportion of hatchery fish on the spawning grounds and further reduce competition between natural origin and hatchery juvenile production. Recent changes to rules repealed WAC 232-28-619 and split the rule into new WAC sections. Changes to WAC 232-28-619 were needed because the rule was too long, not clearly written or structured. The public will be able to locate and understand requirements more easily because the requirements will be better organized and clearly structured. This emergency rule is to ensure previously adopted emergency rules provisions remain effective. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1 [0].
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 220-310-20000B Freshwater exceptions to statewide rules—Columbia River.
Notwithstanding the provisions of WAC 220-310-195 and WAC 220-310-200, effective immediately 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 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.
(2) Mandatory retention of adipose fin clipped steelhead applies; 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) Anglers must release adipose present steelhead unharmed and cannot remove them from the water prior to release.
(4) Anglers must 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.
(5) Night closure and selective gear rules apply. Bait is permissible on mainstem Columbia River from Rock Island Dam to 400 feet below Chief Joseph Dam.
(6) Whitefish anglers must follow selective gear rules in areas open to steelhead fishing and it is unlawful to use bait.
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