WSR 15-11-060

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 15-115—Filed May 18, 2015, 3:44 p.m., effective May 20, 2015]

Effective Date of Rule: May 20, 2015.

Purpose: Amend recreational fishing rules for the Wenatchee and Icicle rivers.

Citation of Existing Rules Affected by this Order: 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: Hatchery-origin spring chinook in excess of desired escapement are forecast to return to the Wenatchee River. The fishery will reduce the number of excess hatchery-origin spring chinook and consequently increase the proportion of natural-origin spring chinook on the spawning grounds. Opening two sections of the Wenatchee River and a section of the Icicle River will provide additional fishing 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 18, 2015.

J. W. Unsworth

Director

NEW SECTION

WAC 220-310-19500T Freshwaters exceptions to statewide rules—Wenatchee River.

Notwithstanding the provisions of WAC 220-310-195, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:

(1) Effective May 23, 2015, until further notice, it is permissible to fish in waters of the Wenatchee River from the Washington State Parks foot bridge at Confluence Park (just upstream from the confluence with the Columbia River) to 400 feet below Dryden Dam and it is permissible to fish in waters of the Wenatchee River from the confluence with Peshastin Creek and from that point to a line perpendicular with the river to the opposite river bank (approximately 1,000 feet above Dryden Dam), then to the downstream point of the confluence with the Icicle River and from that point to a line perpendicular with the Wenatchee River to the marker on the opposite river bank.

(a) Daily limit two hatchery Chinook.

(b) Anglers must release adipose present Chinook unharmed and cannot be removed from the water prior to release.

(d) Anglers may fish with one line with up to two single point barbless hooks, knotless nets, and bait is allowed.

(e) Night closure is in effect.

(4) Effective May 20 through July 31, 2015, it is permissible to fish in waters of the Icicle River from the closure signs located 800 feet upstream of the mouth to 500 feet downstream of the Leavenworth National Fish Hatchery Barrier Dam.

(a) Daily limit two hatchery Chinook.

(b) Anglers must release adipose present Chinook unharmed and cannot be removed from the water prior to release.

(d) No gear restrictions. Night closure is in effect.

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.