WSR 10-05-044

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-27 -- Filed February 10, 2010, 8:56 a.m. , effective February 12, 2010 ]


Effective Date of Rule: February 12, 2010.

Purpose: Amend personal use fishing rules.

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

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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: Allowable impacts to natural origin steelhead due to angling on the Wenatchee River will be met by the end of February, and the fishery will close at midnight February 28, 2010. In addition, sections of the Okanogan River around the mouths of Omak and Tonasket creeks are closed to protect natural origin steelhead staging prior to spawning in those tributaries. Anglers may retain hatchery adipose fin-clipped steelhead, with circular (hole) punches in the caudal (tail) fin, in areas of the Columbia River that remain open to steelhead fishing. Circular (hole) punches were put in the caudal (tail) fin for sampling and monitoring purposes at Priest Rapids Dam, and these fish are no longer needed for monitoring and can now be legally retained. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 10, 2010.

Joe Stohr

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900S   Exceptions to statewide rules -- Columbia, Entiat, Methow, Okanogan, Similkameen and Wenatchee rivers.   Notwithstanding the provisions of WAC 232-28-619:

(1) Mainstem Columbia River from Rock Island Dam to 400 feet below Chief Joseph Dam. Open through March 31, 2010. Night closure and selective gear rules apply, except motorized vessels and bait is allowed.

(a) Anglers may retain hatchery-origin adipose fin-clipped steelhead with circular (hole) punches in the caudal (tail) fin, only in areas of the Columbia River and tributaries that remain open to steelhead fishing.

(2) Entiat River upstream from the Alternate Highway 97 Bridge near the mouth of the Entiat River, approximately 6 miles to 800 feet downstream of the Entiat National Fish Hatchery outfall. Open through March 31, 2010. Night closure and selective gear rules apply, except motorized vessels allowed.

(3) Methow River from the Hwy 97 Bridge in Pateros upstream to the confluence with the Chewuch River in Winthrop, WA. Open through March 31, 2010. Night closure and selective gear rules apply, except motorized vessels allowed.

(4) Okanogan River from the mouth upstream to Hwy 97 Bridge in Oroville. Open through March 31, 2010. Night closure and selective gear rules apply, except motorized vessels allowed. CLOSED WATERS: effective March 15, 2010, from the first powerline crossing downstream of the Hwy 155 Bridge in Omak (Coulee Dam Credit Union Building) to the mouth of Omak Creek; and from the Tonasket Bridge (4th Street) downstream to the Tonasket Lagoons Park boat launch.

(5) Similkameen River, from its mouth to 400 feet below Enloe Dam. Open through March 31, 2010. Night closure and selective gear rules apply.

(6) Wenatchee River from the mouth to 800 feet below Tumwater Dam, including the Icicle River from the mouth to 500 feet downstream of the Leavenworth National Fish Hatchery Barrier Dam. Open through February 28, 2010. Night closure and selective gear rules apply.

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REPEALER


The following section of the Washington Administrative Code is repealed effective April 1, 2010:


WAC 232-28-61900S Columbia, Entiat, Methow, Okanogan, Similkameen and Wenatchee rivers.

Washington State Code Reviser's Office