WSR 23-11-055
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 23-70—Filed May 12, 2023, 2:20 p.m., effective May 16, 2023]
Effective Date of Rule: May 16, 2023.
Purpose: The purpose of this emergency rule is to open hatchery Chinook seasons in the Icicle River.
Citation of Rules Affected by this Order: 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: This rule is needed to open hatchery Chinook retention in the Icicle River. A large return of spring Chinook is forecasted to return to the Icicle River this spring. Fish in excess of broodstock needs at Leavenworth National Fish Hatchery will be available for sport angler harvest. Returns of Icicle River hatchery spring Chinook salmon are sufficient to meet broodstock needs and to provide for sport angler harvest. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 12, 2023.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-05000BFreshwater exceptions to statewide rules—Eastside.
Effective 1 hour before official sunrise May 16 through 1 hour after official sunset June 30, 2023, provisions of WAC 220-312-050 regarding salmon seasons for the Icicle River shall be as described below. All other provisions of WAC 220-312-050 not addressed herein, or unless otherwise amended by emergency rule remain in effect:
Icicle River:
(a) From the closure signs located 800 feet upstream of the mouth of the river to 500 feet downstream from the Leavenworth National Fish Hatchery Barrier Dam: Salmon:
(i) Daily limit 2. Release all salmon other than hatchery Chinook.
(ii) Anglers must retain first 2 hatchery Chinook over 12 inches in length.
(iii) Night closure in effect.
(b) From the shoreline markers where Cyo Road intersects the Icicle River at the Sleeping Lady Resort to the Icicle Peshastin Irrigation Footbridge (approximately 750 feet upstream from the Snow Lakes trailhead parking area): Salmon:
(i) Daily limit 2. Release all salmon other than hatchery Chinook.
(ii) Anglers must retain first 2 hatchery Chinook over 12 inches in length.
(iii) Night closure in effect.