WSR 15-03-080 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-10—Filed January 16, 2015, 4:57 p.m., effective January 19, 2015] Effective Date of Rule: January 19, 2015.
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: Wild steelhead returns to the Tucannon River are below management objectives for conservation and 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 regulations 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, and close the fishery before March when most of the wild steelhead return to the Tucannon River. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 16, 2015.
Philip Anderson
Director
NEW SECTION
WAC 220-56-10500L River mouth definitions.
Notwithstanding the provisions of WAC 220-56-105, effective January 19, through February 28, 2015, 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 220-310-19500J Freshwater exceptions to statewide rules—Tucannon River.
Notwithstanding the provisions of WAC 220-310-195,
(1) Effective January 19 through February 28, 2015, in the waters of the Tucannon River, it is unlawful to violate the following provisions:
Steelhead and all other game fish:
(a) All steelhead with a missing adipose fin (hatchery origin) must be retained. It is unlawful to catch and release hatchery steelhead.
(b) Release all fish except anglers may retain up to 15 whitefish and 2 hatchery steelhead.
(c) Barbless hooks are required.
(d) Release all wild steelhead.
(e) The area from Marengo (at Turner Road Bridge) upstream is closed to fishing.
(2) Effective March 1, 2015, until further notice, it is unlawful to fish in the waters of the Tucannon River.
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