WSR 18-11-049
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 18-95—Filed May 9, 2018, 3:30 p.m., effective May 18, 2018]
Effective Date of Rule: May 18, 2018.
Purpose: Amends recreational fishing rules for the Yakima River.
Citation of Rules Affected by this Order: Amending WAC 220-312-050.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.12.045, 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: Yakama Nation (YN) and Washington department of fish and wildlilfe fishery managers are forecasting a harvestable return of two thousand or more adult Cle Elum Hatchery spring Chinook to the Yakima River despite the run timing being late again this year. Opening the river for a Chinook salmon fishery will provide angling 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 9, 2018.
Joe Stohr
Director
NEW SECTION
WAC 220-312-05000K Exceptions to statewide rulesYakima River.
Notwithstanding the provisions of WAC 220-312-05000B and WAC 220-312-050, the following rules apply:
(1) Effective May 18, 2018, until further notice, 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).
c. The Interstate 82 Bridge at Union Gap (river mile 107.1) to the BNSF railroad bridge approximately 600 feet downstream of Roza Dam (river mile 127.8).
(2) Daily limit of two hatchery Chinook, minimum size 12 inches in length. Terminal gear is 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 the salmon fishery the Yakima River is closed to all fishing from 200 feet downstream to 200 feet upstream of the U.S. Bureau of Reclamation Chandler Powerhouse/Pumping Station (river mile 35.8).
(4) In Area (1) c., the Selective Gear Rules requirement prohibiting use of bait and knotted nets is suspended for all species for the duration of the salmon fishery. Night closure in effect.
(5) The Columbia River Salmon/Steelhead Endorsement is required to participate in this fishery.
(6) 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 and Columbia River salmon/steelhead endorsement).