Effective Date of Rule: October 16, 2012.

     Purpose: Amend recreational fishing rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 232-28-619.

     Statutory Authority for Adoption: RCW 77.15.045, 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: Hatchery-origin steelhead in excess of desired escapement are forecast to return to the upper Columbia River. The fishery will reduce the number of excess hatchery-origin steelhead and consequently increase the proportion of natural-origin steelhead on the spawning grounds. Higher proportions of naturally produced spawners are expected to improve genetic integrity and stock recruitment of upper Columbia River steelhead through perpetuation of steelhead stocks with the greatest natural-origin lineage. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 12, 2012.

James B. Scott, Jr.

for Philip Anderson

Director

     (1) Mandatory retention of adipose fin clipped steelhead, daily limit two (2) hatchery steelhead. Hatchery steelhead are identified by a missing adipose fin with a healed scar in its location.

     (2) Selective gear rules are in effect for all steelhead fishery areas, bait is allowed on mainstem Columbia River from Rock Island Dam to 400 feet below Chief Joseph Dam. Night closure in effect for all steelhead fishery areas.

     (3) Adipose present steelhead must be released unharmed and cannot be removed from the water prior to release.

     (4) Release all steelhead with a floy (anchor) tag attached and/or one or more round 1/4 inch in diameter holes punched in the caudal (tail) fin.

     (5) Motorized vessels are not allowed on the Wenatchee and Icicle Rivers.

     (6) Whitefish anglers are reminded that under selective gear rules in the tributaries, bait is prohibited.

     (7) Current salmon and and all other game fish gear rules do not apply during steelhead season.

     (a) Effective October 16, 2012, until further notice, a person may fish for steelhead in the Columbia River from Rock Island Dam to 400 feet below Chief Joseph Dam.

     (b) Effective October 16, 2012, until further notice, a person may fish for steelhead in the Entiat River upstream from the Alternate Highway 97 Bridge near the mouth of the Entiat River to 800 feet downstream of the Entiat National Fish Hatchery outfall.

     (c) Effective October 16, 2012, until further notice, a person may fish for steelhead in waters of the Icicle River from the mouth to 500 feet downstream of the Leavenworth National fish Hatchery Barrier Dam.

     (d) Effective October 16, 2012, until further notice, a person may fish for steelhead in waters of the Methow River from the mouth to the confluence with the Chewuch River in Winthrop. Fishing from a floating device is prohibited from the second powerline crossing (1 mile upstream from the mouth) to the first Hwy 153 Bridge (4 miles upstream from the mouth).

     (e) Effective October 16, 2012, until further notice, a person may fish for steelhead in the Okanogan River, from the mouth to the Highway 97 Bridge in Oroville.

     (f) Effective November 1, 2012, until further notice, a person may fish for steelhead in waters of the Similkameen River from the mouth to 400 feet below Enloe Dam.

     (g) Effective October 16, 2012, until further notice, a person may fish for steelhead in waters of the Wenatchee River from the mouth to the Wenatchee River at the Icicle Road Bridge.

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     Reviser's note: The typographical 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.