WSR 13-11-057

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 13-95 -- Filed May 15, 2013, 9:07 a.m. , effective May 18, 2013 ]


     Effective Date of Rule: May 18, 2013.

     Purpose: Amend recreational 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 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: In-season run analysis has predicted that about four thousand salmon are currently forecast for the Icicle River. Although upper Columbia River spring chinook have been listed as endangered under the Endangered Species Act (ESA), the salmon returning to the Icicle River are a nonendemic stock returning to Leavenworth National Fish Hatchery, and are not listed under the ESA. About one thousand four hundred salmon are needed to meet hatchery broodstock. The 2013 return ensures that the hatchery will meet its escapement needs; the remaining fish will be available for harvest for both the recreational and tribal harvest. Steelhead have also likely finished spawning and cleared the river prior to the season. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 15, 2013.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900N   Exceptions to statewide rules -- Icicle River (Chelan Co.)   Notwithstanding the provisions of WAC 232-28-619, effective May 18 through July 31, 2013, a person may fish for salmon in those waters of the Icicle River from the closure signs located 800 feet upstream of the mouth to 500 feet downstream of the Leavenworth National Fish Hatchery Rack. Daily limit, two hatchery salmon; minimum size, 12 inches. Night closure is in effect.

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REPEALER


     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. August 1, 2013:


WAC 232-28-61900N Exceptions to statewide rules -- Icicle River (Chelan Co.)