WSR 14-12-061 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 14-132—Filed May 30, 2014, 2:17 p.m., effective June 1, 2014] Effective Date of Rule: June 1, 2014.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-310-19500M; amending WAC 220-310-195.
Statutory Authority for Adoption: RCW 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: Reopens the recreational chinook fishery in four geographic areas of the Snake River on a days-per-week basis with an increased daily bag limit for adult hatchery chinook. Based on the current (May 27) in-season forecast of 230,000 adult upriver spring chinook, harvestable fish remain available on the overall recreational catch balance guideline. The Lower Columbia River (LCR) sport fishery is not expected to use all of the fish allocated, so 1,250 fish from the LCR sport allocation have been shifted to sport fisheries occurring from Bonneville Dam upstream to the Washington state line and in the Snake River. A range of 500-850 additional fish are expected to be available for the Snake River sport fishery. The fishery is expected to remain within Endangered Species Act limits allocated to this area. The fishery is consistent with the U.S. v. Oregon Management Agreement and the associated biological opinion. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 30, 2014.
Philip Anderson
Director
NEW SECTION
WAC 220-310-19500M Freshwater exceptions to statewide rules—Snake River.
Notwithstanding the provisions of WAC 220-310-195, effective June 1 through June 30, 2014:
(1) Open Sunday through Tuesday each week for fishing for hatchery Chinook from the South Bound Highway 12 Bridge at Pasco upstream about 7 miles to the fishing restriction boundary below Ice Harbor Dam.
(2) Open Thursday through Saturday each week for fishing for hatchery Chinook from Texas Rapids boat launch (south side of the river approximately 3.5 miles upstream of the mouth of Tucannon River) to the fishing restriction boundary below Little Goose Dam, including the area between the juvenile bypass return pipe and Little Goose Dam along the south shoreline of the facility (includes the walkway area locally known as "the wall" in front of the juvenile collection facility).
(3) Open Sunday through Tuesday each week for fishing for hatchery Chinook from the south shore boat launch (llia boat launch) across to the mouth of Almota Creek upstream about four miles to the restricted fishing area below Lower Granite Dam
(4) Open Thursday through Saturday each week for fishing for hatchery Chinook from the downstream edge of the large power lines crossing the Snake River (just upstream from the West Evans Road on the south shore) upstream about 3.5 miles to the Washington state line (from the east levee of the Greenbelt boat launch in Clarkston northwest across the Snake River to the WA/ID boundary waters marker on the Whitman County shore).
(5) For all subsections listed above the following applies:
(a) Daily limit is 6 hatchery Chinook and no more than 2 may be an adults. Immediately release all wild (non-adipose fin clipped) Chinook and all steelhead with care. Chinook minimum size is 12 inches.
(b) Anglers must cease fishing for Chinook when the adult daily limit has been retained.
(c) Barbless hooks only when fishing for all species during times and in locations open for salmon fishing and retention.
(d) It is unlawful to use any hook larger than 5/8-inch (point of hook to shank) for all species except sturgeon.
(e) Night closure is in effect for salmon and sturgeon.
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 July 1, 2014:
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