WSR 14-18-017 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 14-211—Filed August 22, 2014, 4:27 p.m., effective August 30, 2014] Effective Date of Rule: August 30, 2014.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-310-19500A; and 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: There is a large run of upriver bright hatchery fall chinook expected to return to the Snake River. Significant steelhead fisheries also occur in the area, and some hatchery fall chinook are expected to be caught during steelhead fishing. Retention of hatchery fall chinook is not expected to increase impacts to Endangered Species Act listed wild fall chinook. Allowing adipose clipped hatchery fall chinook that are caught to be retained in the Snake River will provide additional angling opportunity. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 22, 2014.
Philip Anderson
Director
NEW SECTION
WAC 220-310-19500A Freshwater exceptions to statewide rules—Snake River.
Notwithstanding the provisions of WAC 220-310-195, effective August 30 through October 31, 2014, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:
(1) It is permissible to fish for salmon in waters of the Columbia River from the railroad bridge between Burbank and Kennewick upstream to the first power line crossing upstream of the navigation light on the point of Sacajawea State Park (Snake River Confluence Protection Area) and on the Snake River from the Columbia River confluence to the Oregon State line.
(2) Daily limit of six hatchery Chinook adults (24 inches in length and larger), and six hatchery jack Chinook (less than 24 inches). Minimum size for Chinook that are permissible to retain is 12 inches.
(3) Barbless hooks are required, and anglers must cease fishing for salmon for the day once they have retained 3 hatchery steelhead, regardless of whether the salmon daily limit has been retained.
(4) All Chinook and steelhead with unclipped adipose fins must be immediately released unharmed. It is unlawful to remove any Chinook or steelhead from the water unless it is retained as part of the daily bag limit.
(5) Retained adipose fin-clipped fish must have a healed scar at the location of the missing fin.
REPEALER
The following section of the Washington Administrative Code is repealed effective November 1, 2014:
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