WSR 14-12-006 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 14-120—Filed May 22, 2014, 9:22 a.m., effective May 23, 2014] Effective Date of Rule: May 23, 2014.
Purpose: Amend recreational fishing rules in Icicle River.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-310-19500K; and amending WAC 220-310-195.
Statutory Authority for Adoption: RCW 77.12.047 [77.04.012], 77.04.020, 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: In-season run analysis has predicted that about six thousand salmon are currently enroute to the Icicle River. Although upper Columbia River spring chinook have been listed as endangered under the Endangered Species Act (ESA), the salmon returning to the Icicle River are a nonendemic stock returning to Leavenworth National Fish Hatchery, and are not listed under the ESA. About one thousand six hundred salmon are needed to meet hatchery broodstock requirements. The 2014 return ensures that the hatchery will meet its escapement needs; the remaining fish will be available for harvest. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 22, 2014.
Philip Anderson
Director
NEW SECTION
WAC 220-310-19500K Exceptions to statewide rules—Icicle River (Chelan Co.)
Notwithstanding the provisions of WAC 220-310-195, effective May 23 through July 31, 2014, it is permissible to fish for salmon in those waters of the Icicle River from the closure signs located 800 feet upstream of the mouth to 500 feet downstream of the Leavenworth National Fish Hatchery Rack. Daily limit: two hatchery salmon; minimum size, 12 inches. Night closure is in effect.
REPEALER
The following section of the Washington Administrative Code is repealed effective August 1, 2014:
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