WSR 17-09-057 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 17-80—Filed April 17, 2017, 4:17 p.m., effective April 28, 2017] Effective Date of Rule: April 28, 2017.
Purpose: Amend recreational fishing rules for the Yakima River.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-312-05000H; and amending WAC 220-312-050.
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: Yakama Nation and Washington department of fish and wildlife fishery managers are forecasting a harvestable return of two thousand seven hundred sixty adult hatchery spring Chinook to the Yakima River in 2017. Opening the two sections of the Yakima River for spring Chinook salmon 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 17, 2017.
J. W. Unsworth
Director
NEW SECTION
WAC 220-312-05000H Exceptions to statewide rules—Yakima River.
Notwithstanding the provisions of WAC 220-312-050:
(1) Effective April 28 through June 15, 2017, a person may fish for salmon in waters of the Yakima River from:
(a) The Hwy. 240 bridge in Richland (river mile 2.1) to the Grant Avenue Bridge in Prosser (river mile 47.0), about 1,000 feet downstream of Prosser Dam.
(b) The Wine Country Rd. Bridge in Prosser (river mile 47.3), about 1,300 feet upstream of Prosser Dam, to the State Route 241 (Sunnyside - Mabton Hwy.) Bridge (river mile 59.8).
(2) Daily limit of two hatchery Chinook, minimum size 12 inches in length. Terminal gear restricted to two, single (point), barbless hooks with a hook gap from point to shank of 3/4 inch or less when fishing for salmon. Use of bait is allowed.
(3) In Area 1.a., for the duration of this salmon fishery, the Yakima River is closed to all fishing within 400 feet upstream and 400 feet downstream of the U.S. Bureau of Reclamation Chandler Powerhouse/Pumping Station (river mile 35.8).
(4) The Columbia River Salmon/Steelhead Endorsement is required to participate in this fishery (except for Free Fishing Weekend, June 10-11), in addition to a freshwater fishing license.
(5) In all areas open to salmon fishing, the use of two (2) fishing poles is permitted during the salmon fishery provided the participating angler has purchased a "Two-Pole Endorsement" (in addition to the freshwater fishing license/Catch Record Card and Columbia River salmon/steelhead endorsement).
REPEALER
The following section of the Washington Administrative Code is repealed effective June 16, 2017:
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