WSR 97-20-011

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Wildlife)

[Order 97-194--Filed September 18, 1997, 4:55 p.m., effective September 20, 1997, 12:01 a.m.]

Date of Adoption: September 18, 1997.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 77.12.040.

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: On August 11, 1997, NMFS announced that steelhead originating within the Upper Columbia Evolutionary Significant Unit (ESU) will be listed as endangered. The date when this takes effect is October 17, 1997. With an endangered listing, ESA mandates closures on fishing activities that target on the species and stocks of concern. The boundaries to the Upper Columbia start immediately upstream of the mouth of the Yakima River up to Chief Joseph Dam, and incorporating all tributaries within this region.

On the mainstem within this reach, both steelhead and trout will be closed since there is no resident trout population and trout are not planted in these waters. For the tributaries, trout fishing was left open since resident fish do occur in these waters. However, minimum and maximum size limits were imposed along with selective fishery regulations to minimize impacts on steelhead while fishing for trout.

Changes in these regulations take effect September 20, 1997, in an effort to take a conservative approach and to minimize impact during the 1997 season.

Game fish closures in the East Fork Lewis River is necessary to protect very low numbers of wild summer steelhead. Very few hatchery fish are present in the closed area to justify continued fishing for hatchery steelhead. Wild escapement is projected to be less than 20% of the escapement goal. There is insufficient time to promulgate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.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.

Effective Date of Rule: September 20, 1997, 12:01 a.m.

September 18, 1997

Dirk Brazil

for Bern Shanks

Director

NEW SECTION

WAC 232-28-61900R 1997-1998 Washington game fish seasons and catch limits--Columbia River from Highway 395 at Pasco to Chief Joseph Dam, Wenatchee River, Icicle River (Creek), Chiwawa River, Nason Creek, Little Wenatchee River, White River, Entiat River, Methow River, Chewuch (Chewack) River, Twisp River, Okanogan River, Similkameen River, Lewis River (East Fork), Kalama River. Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. September 20, 1997, the following regulations apply:

Columbia River -- From Highway 395 at Pasco to Chief Joseph Dam:

Closed to the fishing for trout and steelhead, 12:01 a.m. September 20, 1997 until further notice.

Wenatchee River -- From the mouth to Icicle River Road Bridge at Leavenworth:

1) Closed to the fishing for steelhead, 12:01 a.m. September 20, 1997 until further notice.

2) Selective Fishery Regulations, 12:01 a.m. December 1, 1997 through 11:59 p.m. December 31, 1997.

Wenatchee River -- From the Icicle River Road Bridge at Leavenworth to Lake Wenatchee:

1) Closed to the fishing for steelhead, 12:01 a.m. September 20, 1997 until further notice.

Icicle River (Creek) -- From the mouth to Leavenworth National Fish Hatchery Rack:

1) Closed to the fishing for steelhead, 12:01 a.m. September 20, 1997 until further notice.

2) Selective Fishery Regulations, 12:01 a.m. September 20, 1997 through 11:59 p.m. December 31, 1997.

Chiwawa River -- From the mouth to Buck Creek:

1) Closed to the fishing for steelhead, 12:01 a.m. September 20, 1997 through 11:59 p.m. October 31, 1997.

Nason Creek -- From the mouth to Stevens Creek:

1) Closed to the fishing for steelhead, 12:01 a.m. September 20, 1997 through 11:59 p.m. October 31, 1997.

Little Wenatchee River -- From Lake Wenatchee to the falls below U.S. Forest Service Road 6700 Bridge at Riverside Campground:

1) Closed to the fishing for steelhead, 12:01 a.m. September 20, 1997 through 11:59 p.m. October 31, 1997.

White River -- From Lake Wenatchee to White River Falls:

1) Closed to the fishing for steelhead, 12:01 a.m. September 20, 1997 through 11:59 p.m. October 31, 1997.

Entiat River -- From the mouth (Hwy. 97 Bridge) to Fox Creek:

1) Closed to the fishing for steelhead, 12:01 a.m. September 20, 1997 until further notice.

2) Selective Fishery Regulations, 12:01 a.m. December 1, 1997 through 11:59 p.m. December 31, 1997.

Methow River -- From the mouth (Hwy. 97 Bridge) to Lost River:

1) Closed to the fishing for steelhead, 12:01 a.m. September 20, 1997 until further notice.

2) Selective Fishery Regulations, 12:01 a.m. September 20, 1997 through 11:59 p.m. December 31, 1997.

Chewuch (Chewack) River -- From the mouth to Lake Creek:

1) Closed to the fishing for steelhead, 12:01 a.m. September 20, 1997 through 11:59 p.m. October 31, 1997.

Twisp River -- From the mouth to War Creek:

1) Closed to the fishing for steelhead, 12:01 a.m. September 20, 1997 through 11:59 p.m. October 31, 1997.

Okanogan River -- From the mouth to Osoyoos Lake:

1) Closed to the fishing for steelhead, 12:01 a.m. September 20, 1997 until further notice.

2) Selective Fishery Regulations, 12:01 a.m. September 20, 1997 through 11:59 p.m. December 31, 1997.

Similkameen River -- From the mouth to Enloe Dam:

1) Closed to the fishing for steelhead, 12:01 a.m. September 20, 1997 until further notice.

2) Selective Fishery Regulations, 12:01 a.m. December 1, 1997 through 11:59 p.m. December 31, 1997.

Lewis River (East Fork) -- From 100 feet above Sunset Falls upstream.

Closed to the fishing for gamefish 12:01 a.m. September 20, 1997 until further notice.

Kalama River -- From 1,000 feet above fishway at upper Salmon Hatchery to Summers Creek, selective fishery regulations are in effect for all species.