WSR 15-21-010
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 15-377—Filed October 9, 2015, 3:01 p.m., effective October 15, 2015]
Effective Date of Rule: October 15, 2015.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-310-19500E; and amending WAC 220-310-195 and 220-310-200.
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-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. Allowing retention of hatchery steelhead and rainbow trout will provide for additional angling opportunity. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 9, 2015.
J. W. Unsworth
Director
NEW SECTION
WAC 220-310-19500N Freshwater exceptions to statewide rulesEastside.
Notwithstanding the provisions of WAC 220-310-195, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:
(1) Effective October 15, 2015, it is permissible to fish for steelhead in 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).
(2) Effective October 15, 2015, it is permissible to fish for steelhead in the Okanogan River from the mouth upstream to the Highway 97 Bridge in Oroville.
(3) Effective November 1, 2015, it is permissible to fish for steelhead in the Similkameen River from the mouth upstream to 400 feet below Enloe Dam.
(4) It is unlawful to violate the following provisions during the open times in the waters listed in this section:
(a) Night closure and selective gear rules are in effect.
(b) Daily limit:
(i) Two hatchery steelhead; 20 inch minimum size.
(ii) Five hatchery rainbow trout; less than 20 inches in total length.
(c) Mandatory retention of adipose fin clipped steelhead, except release all steelhead with a floy (anchor) tag attached or one or more round 1/4 inch in diameter holes punched in the caudal (tail) fin. Adipose present steelhead must be released unharmed and cannot be removed from the water prior to release.
(d) Anglers must cease fishing for the day when the daily limit of two hatchery steelhead are obtained, regardless of the number of hatchery rainbow trout obtained.
NEW SECTION
WAC 220-310-20000Y Freshwater exceptions to statewide rulesColumbia River.
Notwithstanding the provisions of WAC 220-310-200, effective October 15, 2015, until further notice, it is permissible to fish for steelhead in the Columbia River from the powerlines crossing the Columbia River 3/4 mile downstream of Wells Dam to 400 feet below Chief Joseph Dam with the following restrictions:
(1) Night closure and selective gear rules are in effect, except bait is permissible.
(2) Daily limit:
(a) Two hatchery steelhead, 20 inch minimum size.
(b) Five hatchery rainbow trout, less than 20 inches in total length.
(3) Mandatory retention of adipose fin clipped steelhead, except 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. Adipose present steelhead must be released unharmed and cannot be removed from the water prior to release.
(4) Anglers must cease fishing for the day when the daily limit of two (2) hatchery steelhead are obtained, regardless of the number of hatchery rainbow trout obtained.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 220-310-19500E
Freshwater exceptions to statewide rulesEastside. (15-226)