WSR 16-09-022
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 16-72—Filed April 11, 2016, 5:17 p.m., effective April 11, 2016, 5:17 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend recreational fishing rules for the Yakima River.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-310-19500B; 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: An emergency rule is needed as the Yakama Nation is tagging up to fifty-five adult smallmouth bass with acoustic (sonic) tags. This is part of a telemetry study tracking bass movements in the lower Yakima River during their spring migration/spawning season. All fish with acoustic tags will be visibly identifiable by an orange "spaghetti" tag inserted at the base of the dorsal fin. Anglers need to be aware that these tagged smallmouth bass have been exposed to a chemical anesthetic, must not be eaten, but should be released during the effective dates above to allow researchers to continue tracking fish movements. Residual anesthetic in tagged fish flesh will dissipate by mid-May and be safe for human consumption under the FDA rules on fish anesthetic use. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 11, 2016.
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-310-19500B Freshwater exceptions to statewide rulesEastside.
Notwithstanding the provisions of WAC 220-310-195, effective April 12 through May 13, 2016, all smallmouth bass tagged in the dorsal fin with an orange spaghetti tag must be released in those waters of the Lower Yakima River and Columbia River in the Yakima Delta area near Bateman Island, Benton Co.
REPEALER
The following section of the Washington Administrative Code is repealed effective May 14, 2016:
WAC 220-310-19500B
Freshwater exceptions to statewide rulesEastside.