WSR 09-07-005

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-30 -- Filed March 4, 2009, 4:25 p.m. , effective March 4, 2009, 4:25 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend personal-use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900N; 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: The Colville Tribe has requested these Okanogan River closures to help protect returning steelhead to some of the tributaries. The overall fishery can remain open to reduce the proportion of hatchery-origin steelhead on the spawning grounds, to minimize the impact to wild steelhead, and thus to increase natural production. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 4, 2009.

Philip Anderson

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, 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:

(a) From Wells Dam to 400 feet below Chief Joseph Dam: Open until further notice. Selective gear rules, except bait and motorized vessels allowed. Night closure in effect. Daily limit may contain up to two adipose fin clipped steelhead. Release steelhead with anchor (floy) tag attached.

(b) From Rocky Reach Dam upriver to 400 feet below Wells Dam: Open until further notice. Daily limit may contain up to two adipose fin-clipped steelhead. Selective gear rules apply, except bait and motorized vessels allowed. Night closure in effect. Release steelhead with anchor (floy) tag attached.

(3) Methow River -- Open until further notice: From the Hwy. 97 Bridge in Pateros upstream to the second powerline crossing, and from the first Hwy. 153 Bridge north of Pateros to the confluence with the Chewuch River. Closed waters from second powerline crossing to the first Hwy. 153 Bridge. Selective gear rules apply; except it is permissible to fish from motorized vessels. Night closure in effect. All species: Release all fish, except up to two adipose fin-clipped steelhead per day may be retained. Whitefish may be retained. Release steelhead with anchor (floy) tag attached. Whitefish gear rules do not apply.

(4) Okanogan River -- Open until further notice: From mouth upstream, except closed from Lake Osoyoos Control Dam (Zosel Dam) downstream to first Highway 97 Bridge. Selective gear rules, except motorized vessels allowed. Night closure in effect. Daily limit may contain up to two adipose fin-clipped steelhead. Release steelhead with anchor (floy) tag attached.

a. Closed effective March 15, 2009: Okanogan River from 100' below the Highway 155 Bridge to the mouth of Omak Creek.

b. Closed effective March 15, 2009: Okanogan River from the mouth of Bonaparte Creek to 100' below the mouth of Bonaparte Creek.

(5) Similkameen River - Mouth to 400 feet below Enloe Dam: Open until further notice. Selective gear rules. Night closure in effect. All species: Release all fish, except up to two adipose fin-clipped steelhead per day may be retained. Whitefish may be retained. Release steelhead with anchor (floy) tag attached. Whitefish gear rules do not apply.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900N Exceptions to statewide rules -- Columbia, Methow, Okanogan, and Similkameen rivers. (08-283)

Washington State Code Reviser's Office