WSR 13-10-046

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 13-80 -- Filed April 26, 2013, 1:14 p.m. , effective May 1, 2013 ]


     Effective Date of Rule: May 1, 2013.

     Purpose: Amend recreational fishing rules.

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

     Statutory Authority for Adoption: RCW 77.12.045, 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: The department is in the process of filing permanent rules that were adopted by the Washington fish and wildlife commission for sportfishing, and permanent rules that will be adopted by the department for recreational salmon fishing. The salmon rules were agreed to with resource comanagers at the North of Falcon proceedings. All of these rules are interim until permanent rules take effect.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 26, 2013.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900A   Exceptions to statewide rules.   Notwithstanding the provisions of WAC 232-28-619, effective May 1, 2013, until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:

     1. Freshwater terminal gear restrictions: Terminal gear restrictions apply to all species, including salmon, unless otherwise provided.

     2. Until further notice, the following waters are open the Saturday before Memorial Day:


Water Body County
Bird Creek Klickitat
Canyon Creek Clark
Little White Salmon River Skamania
Outlet Creek Klickitat
Spring Cr. (Goldendale Hatchery) Klickitat

     3. Blue Creek (Lewis County), from mouth to posted sign above rearing pond outlet:

     Open to all licensed anglers. Open for trout only June 1 until further notice.

     4. Columbia River, including impoundments and all connecting sloughs, except Wells Ponds:

     Salmon and trout handling rules apply, except effective immediately through June 15 in the mainstem Columbia from the Rocky Point/Tongue Point line upstream to OR/WA border, the rules apply only when fishing from vessels less than 30 feet in length (as substantiated by Coast Guard documentation or Marine Board registration).

     5. Cowlitz Falls Reservoir (Lake Scanewa) (Lewis County):

     Salmon open year round.

     6. Cowlitz River (Lewis County):

     Closed waters from within a 100-foot radius of the new Cowlitz Trout Hatchery outfall structure, except anglers with disabilities who permanently use a wheelchair and possess a designated harvester companion card may fish within posted markers when adjacent waters are open.

     7. Fort Borst Park Pond (Lewis County):

     Open to all licensed anglers until further notice.

     8. Green River (Cowlitz County):

     From the mouth to 400 feet below the Toutle Hatchery water intake, open from the last Saturday in May through the first Friday in June. Selective gear rules apply. Release all trout, except anglers may retain up to 2 hatchery steelhead.

     9. Kalama River (Cowlitz County):

     Anglers may retain up to 2 hatchery steelhead from: (a) 1,000 feet above the fishway at the upper salmon hatchery, upstream to Summers Creek; (b) Summers Creek upstream to 6420 Road (about 1 mile above gate at end of county road).

     10. Lewis River (Clark County):

     Fishing with two poles is permissible from Railroad Bridge near Kuhns Road upstream to mouth of East Fork Lewis, so long as the angler possesses a two-pole endorsement.

     11. Lewis River, North Fork (Clark/Skamania counties):

     Fishing with two poles is permissible from mouth to Johnson Creek, so long as the angler possesses a two-pole endorsement.

     12. Merwin Lake (Reservoir) (Clark/Cowlitz County):

     Kokanee limit is 10. Kokanee do not count as part of the trout daily limit.

     13. Rainey Creek (Lewis County), from the mouth to Highway 12:

     Release cutthroat and rainbow trout except those having a clipped adipose fin and a healed scar at the location of the clipped fin. Trout limit 5.

     14. Silver Creek (tributary to Cowlitz River) (Lewis County):

     Trout minimum length is 14 inches.

     15. Skate Creek (Lewis County):

     Statewide general rules in effect. Release cutthroat.

     16. Swift Reservoir (Skamania County):

     Landlocked salmon rules apply: maximum length 15 inches.

     17. Tilton River (Lewis County), from the mouth to West Fork:

     Trout retention follows statewide general rules. Release cutthroat.

     18. Toutle River, South Fork (Cowlitz County):

     From the mouth to 4700 Road Bridge, open the last Saturday in May to the first Friday in June. Selective gear rules apply. Catch and release only, except anglers may retain up to 2 hatchery steelhead.

     19. Vancouver Lake (Clark County):

     From the flushing channel and the lake shoreline 400' east and west from the channel exit: Closed through May 31.

     20. Washougal River (Clark Co):

     From Mt. Norway Bridge upstream to Salmon Falls, anti-snagging rule and stationary gear restrictions are rescinded until further notice.

     21. White Salmon River (Klickitat/Skamania counties):

     From the county road bridge below the powerhouse upstream to Big Brothers Falls (river mile 16):

     (a) Closed waters from Big Brothers Falls downstream 400 feet.

     (b) Open the first Saturday in June until further notice.

     (c) Selective gear rules apply.

     22. Wind River (Skamania County):

     (a) From 100 feet above Shipherd Falls to boundary marker approximately 800 yards downstream of Carson National Fish Hatchery, all tributaries are closed.

     (b) Closed waters from Moore Bridge upstream to river source, including all tributaries.

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