WSR 16-18-050 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 16-229—Filed August 31, 2016, 11:12 a.m., effective September 15, 2016] Effective Date of Rule: September 15, 2016.
Purpose: Amend recreational fishing rules for upper Columbia River.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-310-20000Z; and amending WAC 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: Fall Chinook salmon and steelhead are sedated in a chemical anesthetic, MS-222, during sampling at the Priest Rapids Dam. The United States Food and Drug Administration (FDA) requires a twenty-one day withdrawal period before human consumption of fish anesthetized in MS-222. WDFW staff are applying the 1/4 inch diameter hole, punched in the upper lobe of the tail of sampled fish, so that fishermen can visually identify fish that should be released. Salmon and steelhead marked and released at Priest Rapids Dam may be caught in fisheries both upstream and downstream. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 31, 2016.
J. W. Unsworth
Director
NEW SECTION
WAC 220-310-20000Z Exceptions to statewide rules—Columbia River.
Notwithstanding the provisions of WAC 220-310-200, in waters of the Columbia River from the Highway 395 Bridge in Pasco to Chief Joseph Dam the following rules apply:
(1) Effective September 15 through October 31, 2016, anglers are required to release Chinook salmon with a 1/4 inch diameter (round) hole punched in the upper lobe of the caudal (tail) fin.
(2) Effective October 1 through December 6, 2016, anglers are required to release steelhead with a 1/4 inch diameter (round) hole punched in the upper lobe of the caudal (tail) fin.
REPEALER
This section of the Washington Administrative Code is repealed effective December 7, 2016:
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