Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900Y and 232-28-61900I; and 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: Justification for Upper Columbia steelhead/trout closures and whitefish opening: On August 11, 1997, NMFS announced that steelhead originating within the Upper Columbia evolutionary significant unit (ESU) would be listed as endangered. The date this action took effect was October 17, 1997. With an endangered listing, ESA mandates closures on fishing activities that target or may cause incidental mortality 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 were closed since there is no resident trout population and trout are not planted in these waters. For the tributaries, all fishing will be closed to prevent incidental hooking mortality on steelhead in these waters. The majority of the winter-time effort in these streams is primarily directed on steelhead. Trout fisheries are essentially nonexistent during the winter months. However, an opportunity still exists in the Wenatchee and Methow rivers for the seasonal continuation of a fishery directed solely at mountain whitefish. Steelhead encounters during the whitefish fishery are anticipated to be minimal due to the directed time and limited area of the openings. In addition, the gear has been specifically limited to the type used in whitefish fishing. Angler effort is anticipated to be low, but the fishery will be monitored to document fishery participation and harvest and estimate the number of steelhead encounters. Factors which will minimize incidental mortality on steelhead in these streams are (1) fishing for trout and steelhead is closed, thus limiting the whitefish fishery to a relatively small number of active anglers; (2) the majority of adult steelhead spend the winter in the Columbia River reservoirs coincident with low flows and low water temperatures in the Wenatchee and Methow rivers; (3) juvenile steelhead (and resident trout) are not liable to be taken since they spend winters concealed in the cobble substrate; (4) restricting the fishery to use of small hooks will minimize incidental mortality to any steelhead that might be hooked by whitefish anglers. 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 2.

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: Immediately.

March 10, 1998

Dirk Brazil

for Bern Shanks

Director

WAC 232-28-61900K   1997-1998 Washington Game Fish Seasons and Catch Limits--Columbia River from Highway 395 Bridge at Pasco to Chief Joseph Dam, Wenatchee River, Icicle River (Creek), Entiat River, Methow River, Okanogan River, Similkameen River. Notwithstanding the provisions of WAC 232-28-619, effective immediately the following regulations apply:

Columbia River -- From Highway 395 Bridge at Pasco to Chief Joseph Dam. Closed to the fishing for trout and steelhead, until further notice.

Wenatchee River -- From the mouth to Lake Wenatchee. Closed to all fishing, through March 31, 1998, with the exception of whitefish only fishery effective immediately through March 31, 1998, from mouth upstream to Highway 2 Bridge at Leavenworth. Single hook, size #10 or smaller (under 1/4 inch maximum gap), bait allowed.

Icicle River (Creek) -- From the mouth to Leavenworth National Fish Hatchery Rack. Closed to all fishing through March 31, 1998.

Entiat River -- From the mouth (Hwy. 97 Bridge) to Fox Creek. Closed to all fishing through March 31, 1998.

Methow River -- From the mouth (Hwy. 97 Bridge) to Lost River. Closed to all fishing through March 31, 1998, with the exception of whitefish only fishery effective immediately through March 31, 1998, from mouth upstream to mouth of Chewuch (Chewack) River. Single hook, size #10 or smaller (under 1/4 inch maximum gap), bait allowed.

Okanogan River -- From the mouth to highway bridge at Malott. Closed to the fishing for trout and steelhead, until further notice.

Okanogan River -- From the highway bridge at Malott to Osoyoos Lake. Closed to all fishing until further notice.

Similkameen River -- From the mouth to Enloe Dam. Closed to all fishing through March 31, 1998.

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REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 232-28-61900Y 1997-98 Washington game fish seasons and catch limits--Wenatchee River, Methow River. (97-228)

WAC 232-28-61900I 1997-1998 Washington game fish seasons and catch limits--Columbia River from Highway 395 Bridge at Pasco to Chief Joseph Dam, Wenatchee River, Icicle River (Creek), Entiat River, Methow River, Twisp River, Okanogan River, Similkameen River. (98-31)

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