WSR 15-05-006 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-23—Filed February 5, 2015, 12:54 p.m., effective February 5, 2015, 12:54 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Amending WAC 220-310-200 and 220-310-195.
Statutory Authority for Adoption: RCW 77.04.020, 77.12.045, 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: Hatchery-origin steelhead in excess of desired escapement have returned to the upper Columbia River. The fishery will reduce the number of excess hatchery-origin steelhead and consequently increase the proportion of natural-origin steelhead on the spawning grounds. Allowing retention of hatchery steelhead will provide for additional angling opportunity. Sections of the Okanogan River will close early to protect natural origin steelhead staging prior to spawning within those tributaries. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 5, 2015.
J. W. Unsworth
Director
NEW SECTION
WAC 220-310-20000B Freshwater exceptions to statewide rules—Columbia River.
Notwithstanding the provisions of WAC 220-310-200, effective immediately until further notice, it is permissible to fish for steelhead in the Columbia River from Rock Island Dam to 400 feet below Chief Joseph Dam with the following restrictions:
(1) Mandatory retention of adipose fin clipped steelhead, daily limit two (2) hatchery steelhead, 20 inch minimum size. Hatchery steelhead are identified by a missing adipose fin with a healed scar in its location.
(2) Adipose present steelhead must be released unharmed and cannot be removed from the water prior to release.
(3) Night closure and selective gear rules remain in effect, except bait is permissible.
(4) Release all steelhead with a floy (anchor) tag attached and/or one or more round 1/4 inch in diameter holes punched in the caudal (tail) fin.
NEW SECTION
WAC 220-310-19500K Freshwater exceptions to statewide rules—Wenatchee, Methow Entiat and Okanogan rivers.
Notwithstanding the provisions of WAC 220-310-195, effective immediately until further notice, the following provisions are in effect. Unless otherwise amended, all permanent rules remain in effect:
(1) Mandatory retention of adipose fin clipped steelhead, daily limit two (2) hatchery steelhead, 20 inch minimum size. Hatchery steelhead are identified by a missing adipose fin with a healed scar in its location.
(2) Adipose present steelhead must be released unharmed and cannot be removed from the water prior to release.
(3) Night closure and selective gear rules remain in effect.
(4) Release all steelhead with a floy (anchor) tag attached and/or one or more round 1/4 inch in diameter holes punched in the caudal (tail) fin.
(a) It is permissible to fish for steelhead in the Wenatchee River from the mouth to the Wenatchee River at the Icicle Road Bridge, including the Icicle River from the mouth to 500 feet downstream of the Leavenworth National Fish Hatchery Barrier Dam.
(b) It is permissible to fish for steelhead in the Entiat River from the mouth to a 1/2 mile upstream to a point perpendicular with the intersection of the Entiat River Road and Hedding Street.
(c) It is permissible to fish for steelhead in the the Methow River from the mouth to the confluence with the Chewuch River in Winthrop. Fishing from a floating device is prohibited from the second powerline crossing (1 mile upstream from the mouth) to the first Hwy 153 Bridge (4 miles upstream from the mouth).
(d) It is permissible to fish for steelhead in the Okanogan River from the mouth upstream to the Highway 97 Bridge in Oroville.
(e) It is permissible to fish for steelhead in the Similkameen River from the mouth upstream to 400 feet below Enloe Dam.
(5) Effective one hour before official sunrise on March 1, 2015, until further notice the following areas are closed to steelhead fishing:
(a) Those waters of the Okanogan River From the first power line crossing downstream of the Highway 155 Bridge in Omak (Coulee Dam Credit Union Building) to the mouth of Omak Creek.
(b) Those waters of the Okanogan River from the Tonasket Bridge (4th street) downstream to the Tonasket Lagoons Park boat launch.
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040. |