WSR 14-11-054 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 14-103—Filed May 16, 2014, 10:01 a.m., effective May 17, 2014] Effective Date of Rule: May 17, 2014.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Amending WAC 220-310-195.
Statutory Authority for Adoption: [No information supplied by agency.]
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: Upper Wheeler Reservoir is owned and operated by the Wenatchee Heights Reclamation District (WHRD) and has been closed to public access. Washington department of fish and wildlife (WDFW) has made arrangements with WHRD and the Wenatchee Valley Fly Fishers (WVFF) to grant public access to recreational anglers under "fly fishing only" regulations. The agreement includes fish stocking and a land-use agreement by WDFW, and site maintenance by the WVFF. While there are currently fifteen other fly fishing only waters throughout the state, there are no such waters currently open in Chelan County. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 16, 2014.
Philip Anderson
Director
NEW SECTION
WAC 220-310-19500I Exceptions to statewide rules—Upper Wheeler Reservoir.
Notwithstanding the provisions of WAC 220-310-195, effective May 17 through September 12, 2014, it is permissible to fish in the waters of Upper Wheeler Reservoir subject to the following provisions:
(1) Fishing is open to fly fishing only.
(2) Trout: Catch and release only.
(3) All other game fish: Statewide minimum size and daily limits apply.
(4) It is unlawful to fish from a floating device equipped with a motor.
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