WSR 15-24-020 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-428—Filed November 19, 2015, 2:53 p.m., effective November 22, 2015, 5:30 p.m.] Effective Date of Rule: November 22, 2015, 5:30 p.m.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-310-19500N and 220-310-20000Y; and amending WAC 220-310-195 and 220-310-200.
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: An emergency rule is needed to close the Methow and mainstem Columbia rivers which were opened by WSR 15-21-010. The updated forecast to estimate natural origin steelhead abundance and creel information in the Methow River Basin indicate that the allowable mortality of Endangered Species Act listed natural origin steelhead due to angling effects will reach the maximum limit. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 19, 2015.
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-310-19500S Freshwater exceptions to statewide rules—Eastside.
Notwithstanding the provisions of WAC 220-310-195, effective 5:30 p.m. November 22, 2015, until further notice, 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 steelhead in the Okanogan River from the mouth upstream to the Highway 97 Bridge in Oroville.
(2) It is permissible to fish for steelhead in the Similkameen River from the mouth upstream to 400 feet below Enloe Dam.
(3) It is unlawful to violate the following provisions during the open times in the waters listed in this section:
(a) Night closure and selective gear rules are in effect.
(b) Daily limit:
(i) Two hatchery steelhead; 20 inch minimum size.
(ii) Five hatchery rainbow trout; less than 20 inches in total length.
(c) Mandatory retention of adipose fin clipped steelhead, except release all steelhead with a floy (anchor) tag attached or one or more round 1/4 inch in diameter holes punched in the caudal (tail) fin. Adipose present steelhead must be released unharmed and cannot be removed from the water prior to release.
(d) Anglers must cease fishing for the day when the daily limit of two hatchery steelhead are obtained, regardless of the number of hatchery rainbow trout obtained.
(4) It is unlawful to fish for or possess whitefish in waters of the Methow River from the mouth to the confluence of the Chewuch River in Winthrop.
NEW SECTION
WAC 220-310-20000B Freshwater exceptions to statewide rules—Columbia River.
Notwithstanding the provisions of WAC 220-310-200, effective 5:30 p.m. November 22, 2015, until further notice, it is permissible to fish for steelhead in the Columbia River from the Highway 173 Bridge at Brewster to 400 feet below Chief Joseph Dam.
(1) Night closure and selective gear rules are in effect, except bait is permissible.
(2) Daily limit:
(a) Two hatchery steelhead, 20 inch minimum size.
(b) Five hatchery rainbow trout, less than 20 inches in total length.
(3) Mandatory retention of adipose fin clipped steelhead, except 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. Adipose present steelhead must be released unharmed and cannot be removed from the water prior to release.
(4) Anglers must cease fishing for the day when the daily limit of two (2) hatchery steelhead are obtained, regardless of the number of hatchery rainbow trout obtained.
REPEALER
The following sections of the Washington Administrative Code are repealed effective 5:30 p.m. November 22, 2015:
| ||||||