WSR 14-18-016 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 14-204—Filed August 22, 2014, 4:26 p.m., effective September 1, 2014] Effective Date of Rule: September 1, 2014.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Amending WAC 220-310-195 and 220-56-105.
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: Steelhead returns to the Tucannon River are not meeting management goals for conservation or for maintaining fisheries and therefore, the fishery for hatchery steelhead must be constrained to provide more protection of naturally produced steelhead in the Tucannon River. The emergency rules are intended to focus the fishery on removal of stray hatchery steelhead that primarily enter the Tucannon River in late summer and fall to prevent them from spawning, as well as provide a refuge area above Marengo to protect early returning wild steelhead. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 22, 2014.
Philip Anderson
Director
NEW SECTION
WAC 220-56-10500K River mouth definitions.
Notwithstanding the provisions of WAC 220-56-105, effective September 1, 2014, until further notice, the Tucannon River is defined as the water lying south of a line of sight from an orange diamond-shaped sign attached to the Hwy 261 guard rail (northwest of the Tucannon River and adjacent to the rest-area turn off), running southeast across to the eastern, unsubmerged shoreline of the Tucannon River (point of land spit). The large embayment between the eastern shoreline of the Tucannon River and the rock bluff to the east along the south shore of the Snake River is considered part of the Snake River.
NEW SECTION
WAC 220-310-19500Z Exceptions to statewide rules—Tucannon River.
Notwithstanding the provisions of WAC 220-310-195, effective September 1, 2014, until further notice, in the waters of the Tucannon River, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:
Steelhead and all other game fish:
(1) All steelhead with a missing adipose fin (hatchery origin) must be retained. It is unlawful to catch and release hatchery steelhead.
(2) The daily limit is 2 hatchery steelhead per day.
(3) Barbless hooks are required.
(4) Release all wild steelhead.
(5) The area from Marengo (at Turner Road Bridge) upstream is closed to fishing.
|