WSR 17-14-014
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 17-136—Filed June 22, 2017, 4:29 p.m., effective June 24, 2017]
Effective Date of Rule: June 24, 2017.
Purpose: Amend recreational fishing rules in Icicle River.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-312-05000I and 220-312-05000N; and amending WAC 220-312-050.
Statutory Authority for Adoption: RCW 77.12.047 [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: Due to a low estimated run escapement, the river had been closed by filing WSR 17-11-024 to ensure meeting broodstock needs at the Leavenworth National Fish Hatchery. Broodstock collections goals have finally been met, so this emergency rule is needed to open the recreational fishery for the remaining hatchery spring Chinook salmon. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 22, 2017.
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-312-05000N Freshwater exceptions to statewide rulesEastside.
Notwithstanding the provisions of WAC 220-312-050, effective June 24 through July 31, 2017, 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. Also, it is permissible to fish from the closure signs located upstream of the Leavenworth National Fish Hatchery where Cyo Road would intersect the Icicle River at the Sleeping Lady Resort (RM 4.0) to the Icicle Peshastin Irrigation District footbridge 750' upstream of the Snow Lakes trailhead parking area (RM 5.7)
(1) Daily limit two hatchery Chinook, minimum size 12 inches.
(2) Mandatory retention of hatchery spring Chinook.
(3) Anglers must release adipose present Chinook unharmed and cannot be removed from the water prior to release.
(4) Anglers must release all Chinook with one or more round 1/4 inch diameter holes punched in the caudal (tail) fin.
(5) No gear restrictions. Night closure is in effect.
REPEALER
The following section of the Washington Administrative Code is repealed effective June 24, 2017:
WAC 220-312-05000I
Freshwater exceptions to statewide rulesEastside. (17-90)
The following section of the Washington Administrative Code is repealed effective August 1, 2017:
WAC 220-312-05000N
Freshwater exceptions to statewide rulesEastside.