WSR 16-13-033
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 16-137—Filed June 6, 2016, 2:57 p.m., effective June 9, 2016]
Effective Date of Rule: June 9, 2016.
Purpose: Amend recreational fishing rules for the Yakima River.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-310-19500K; and amending WAC 220-310-195.
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: Yakama Nation (YN) and Washington department of fish and wildlife fishery managers are forecasting a total return of four thousand six hundred ten adult spring Chinook to the Yakima River in 2016 (three thousand one hundred wild and one thousand five hundred ten hatchery fish), representing fifty-five percent of the recent ten year (2006-2015) average adult return of eight thousand three hundred twenty spring Chinook. This emergency rule is needed to reduce the daily limit from two to one hatchery fish and shorten the length of 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 6, 2016.
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-310-19500K Exceptions to statewide rulesYakima River.
Notwithstanding the provisions of WAC 220-310-195:
(1) Effective June 9 through June 30, 2016, a person may fish for salmon in waters of the Yakima River from the Interstate 82 bridge at Union Gap (river mile 107.1) to the BNSF railroad bridge approximately 600 feet downstream of Roza Dam (river mile 127.8). Daily limit of one hatchery chinook. Terminal gear is restricted to two, single (point), barbless hooks with a hook gap from point to shank of 3/4 inch or less when fishing for salmon. During the salmon fishery, the Selective Gear Rules requirement prohibiting use of bait and knotted nets is temporarily suspended for all species, but only in the river section open to salmon fishing. Night closure is in effect.
(2) The Columbia River Salmon/Steelhead Endorsement is required to participate in this fishery (except for Free Fishing Weekend, June 11-12), in addition to a freshwater fishing license.
(3) The use of two (2) fishing poles is permitted during the salmon fishery provided the participating angler has purchased a "Two-Pole Endorsement" (in addition to the freshwater fishing license and Columbia River salmon/steelhead endorsement).
REPEALER
The following section of the Washington Administrative Code is repealed effective July 1, 2016:
WAC 220-310-19500K
Exceptions to statewide rulesYakima River.