WSR 03-21-026

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-258 -- Filed October 7, 2003, 3:19 p.m. , effective October 8, 2003, 12:01 a.m. ]

     Date of Adoption: October 7, 2003.

     Purpose: Amend personal use rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900B; and amending WAC 232-28-619.

     Statutory Authority for Adoption: RCW 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: Large numbers of hatchery steelhead are expected to return to the waters above Priest Rapids Dam (19,300). Only a relatively small number of the returning hatchery steelhead are needed for hatchery production and spawning escapement objectives. Therefore, the excess hatchery steelhead are available for harvest. The recreational fishery will reduce the proportion of hatchery origin steelhead contributing to the adult spawning escapement, thereby minimizing impacts to wild steelhead returning to the upper Columbia River. This will increase the proportion of wild and hatchery adult crosses with wild steelhead on the spawning grounds and thus improving the natural production potential in the upper Columbia River Basin. NOAA fisheries approves of these fisheries. There is insufficient time to promulgate 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: October 8, 2003, 12:01 a.m.

October 7, 2003

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900C   Exceptions to statewide rules -- Columbia, Methow, Okanogan and Similkameen rivers.   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. October 8, 2003 until further notice, it is unlawful to violate the following provisions in the following waters:

     (1) For purposes of this section, "adipose fin clipped steelhead" means steelhead with an adipose fin clip and a healed scar at the site of the fin clip, whether or not any other fins are clipped or a healed scar is present at any other fin position.

     (2) Columbia River from the Highway 395 Bridge at Pasco to the Old Hanford townsite wooden powerline towers, effective immediately through December 31, 2003, special daily limit of six salmon, no more than four adults.

     (3) Columbia River from the Old Hanford townsite wooden powerline towers to Priest Rapids Dam, effective immediately through October 22, 2003, special daily limit of six salmon, no more than four adults.

     (4) Columbia River from Priest Rapids Dam to Rocky Reach Dam - Open through October 15 for salmon. Daily limit six salmon of which no more than two may be adult salmon. Release sockeye and coho.

     (5) Columbia River from Rocky Reach Dam to Wells Dam and Highway 173 Bridge at Brewster to Highway 17 Bridge at Bridgeport - Open through October 15 for salmon. Night closure. Daily limit six salmon of which no more than two may be adult salmon. Release sockeye and coho.

     (6) Columbia River from Rocky Reach Dam to Chief Joseph Dam - Open until further notice. Night closure. Daily limit may contain up to two adipose fin clipped steelhead. Release steelhead with disk tag attached.

     (7) Methow River - Mouth upstream to confluence with the Chewuch River. Open until further notice. Selective gear rules except lawful to fish from motorized vessels. Night closure. All species: Release all fish except up to two adipose fin clipped steelhead per day may be retained. Release steelhead with disk tag attached.

     (8) Okanogan River - Open until further notice, except closed from Zosel Dam downstream to one-quarter mile below railroad trestle. Selective gear rules except lawful to fish from motorized vessels. Night closure. Salmon: Open to salmon fishing downstream of the Highway 97 Bridge near Brewster to the mouth through October 15. Daily limit six salmon of which no more than two may be adult salmon. Release sockeye and coho. Gamefish: Open to all gamefish downstream from Highway 97 Bridge at Malott. Daily limit may contain up to two adipose fin clipped steelhead. Release steelhead with disk tag attached. Above Highway 97 Bridge at Malott, open only for adipose fin clipped steelhead. Daily limit may contain up to two adipose fin clipped steelhead. Release steelhead with disk tag attached.

     (9) Similkameen River - Mouth to 400 feet below Enloe Dam - Open November 15 until further notice. Selective gear rules. Night closure. All species: Release all fish except up to two adipose fin clipped steelhead per day may be retained. Release steelhead with disk tag attached.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. October 8, 2003:


WAC 232-28-61900B Exceptions to statewide rules -- Colmbia River and Okanogan River. (03-254)

     Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Legislature Code Reviser 

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