WSR 15-06-005 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-30—Filed February 20, 2015, 9:51 a.m., effective February 21, 2015] Effective Date of Rule: February 21, 2015.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-310-19500K; 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: Recent analyses of the ongoing steelhead fisheries in portions of the upper Columbia River has revealed sufficient natural origin steelhead impacts still remain under the NOAA issued ESA section 10 permit. Opening steelhead fishing in an additional section of the Wenatchee River will offer anglers opportunity to harvest hatchery origin fish. This will help to reduce the proportion of hatchery fish on the spawning grounds and further reduce competition between natural origin and hatchery juvenile production. The Methow River closed area will be utilized by Winthrop National Fish Hatchery personnel to capture natural origin steelhead broodstock to meet hatchery production and genetic management goals. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 20, 2015.
J. W. Unsworth
Director
NEW SECTION
WAC 220-310-19500L Freshwater exceptions to statewide rules—Wenatchee, Methow Entiat, Okanogan and Similkameen rivers.
Notwithstanding the provisions of WAC 220-310-195, effective February 21, 2015, until further notice, the following provisions are in effect. Unless otherwise amended, all permanent rules remain in effect:
(1) It is permissible to fish for steelhead in the following waters:
(a) Wenatchee River from the mouth to 400 feet below Tumwater Dam., including the Icicle River from the mouth to 500 feet downstream of the Leavenworth National Fish Hatchery Barrier Dam.
(b) 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) 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) Okanogan River from the mouth upstream to the Highway 97 Bridge in Oroville.
(e) Similkameen River from the mouth upstream to 400 feet below Enloe Dam.
(2) 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.
(3) Adipose present steelhead must be released unharmed and cannot be removed from the water prior to release.
(4) Night closure and selective gear rules remain in effect.
(5) 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.
(6) Effective 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.
(7) Effective one hour after official sunset on March 1, 2015, until further notice, waters of the Methow River from the upstream boundary of Heckendorn Park (across from East 20 Pizza) to the Highway 20 Bridge in Winthrop, WA. are closed to steelhead fishing.
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. REPEALER
The following section of the Washington Administrative Code is repealed effective February 21, 2015:
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. | ||||