WSR 15-11-051 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-129—Filed May 15, 2015, 11:44 a.m., effective May 23, 2015] Effective Date of Rule: May 23, 2015.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-310-18500Z; and amending WAC 220-310-185.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, and 77.12.047.
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 summer run steelhead are released into these rivers. Returning adults are not needed for broodstock. In addition, on the Elochoman River stray hatchery spring chinook have been previously found in the system. These fish are also not needed for broodstock. Opening the rivers two weeks early will allow additional opportunity to harvest surplus hatchery steelhead and hatchery spring chinook. Selective gear rules will be in effect to aid in the release of any remaining juvenile salmonid outmigrants. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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, 2015.
J. W. Unsworth
Director
NEW SECTION
WAC 220-310-18500Z Freshwater exceptions to statewide rules—Southwest.
Notwithstanding the provisions of WAC 220-310-185, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:
(1) Elochoman River (Wahkiakum Co.): Effective May 23 through June 5, it is permissible to fish in waters of the Elochoman River from mouth to the bridge located 400 feet below the upper hatchery rack at the site of the former salmon hatchery:
(a) Daily limit is six fish of which no more than two may be hatchery adult Chinook or hatchery steelhead, or one of each.
(b) Salmon minimum size is 12 inches.
(c) Wild Chinook and wild steelhead must be released.
(d) Release all fish except hatchery steelhead.
(e) Selective gear rules are in effect.
(2) Green River (Cowlitz Co.): Effective May 23 through June 5, it is permissible to fish in waters of the Green River from the mouth upstream to 400 feet below the Toutle Hatchery intake:
(a) Daily limit is 2 hatchery steelhead.
(b) Release all fish except hatchery steelhead.
(c) Selective gear rules are in effect.
(3) South Fork Toutle River (Cowlitz Co.): Effective May 23 through June 5, it is permissible to fish in waters of the South Fork Toutle River from the mouth upstream to the 4700 Road Bridge:
(a) Daily limit is 2 hatchery steelhead.
(b) Release all fish except hatchery steelhead.
(c) Selective gear rules are in effect.
REPEALER
The following section of the Washington Administrative Code is repealed effective June 6, 2015:
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