EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: June 8, 2000.
Purpose: Amend personal use fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-57-53000C.
Statutory Authority for Adoption: Section 7, chapter 107, Laws of 2000.
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: A conservative sport fishery with limited fishing opportunity (a maximum of eight days of fishing—four consecutive two-day weekend periods) is justified in the upper Yakima River based on a fifty-year record return to the basin. As of June 6, seven thousand six hundred ninety-six salmon had passed Roza Dam in the Yakima Canyon upstream of Selah, excluding three hundred ninety-one fish taken for brood stock for the Cle Elum Supplementation Hatchery. The seven thousand six hundred ninety-six Roza passage includes seven thousand three hundred fifty wild adult salmon (95.5%), one hundred twenty-six wild jacks (1.6%) and two hundred twenty Cle Elum Hatchery jacks (2.9%). The hatchery jacks are the first returns since the Cle Elum Supplementation Hatchery began operation in 1997. The total return of spring chinook to the Yakima Basin, including the Naches River component, is estimated to reach eighteen thousand fish passing Prosser Dam. The proposed fishery will not harvest any Naches River fish, which usually is the weaker of the two run components. The estimated harvest exploitation rate for an eight-day fishery is not expected to exceed 5 - 10% (four hundred-eight hundred fish) based on an overall total Roza Dam passage count of eight thousand fish. Total passage at Roza Dam may easily exceed eight thousand because the five-day average daily passage prior to June six was still three hundred ten fish per day (range: One hundred eighteen - four hundred eighty-eight fish/day). Assuming a five hundred fish harvest (6.25% exploitation rate), a minimum of seven thousand five hundred fish will spawn in September and October. The previous record escapement occurred in 1986 when three thousand two hundred sixty-seven fish passed Roza Dam. Consequently, a harvestable surplus exists justifying a limited sport fishery. 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 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. Effective Date of Rule: June 10, 2000.
June 8, 2000
J. P. Koenings
Director
It is lawful to fish in those waters of the Yakima River from the Teanaway Junction Washington Department of Fish and Wildlife access/boat ramp (R.M. 177.7) near the intersection of Highway 970 and Highway 10 east of Cle Elum downstream to the Roza Access Area boat ramp (R.M.) 128.4) at the head of Roza Dam Pool in the Yakima Canyon as provided for in this section:
(1) Open Periods:
June 10 through June 11, 2000
June 17 through June 18, 2000
June 24 through June 25, 2000
July 1 through July 2, 2000
(2) Daily limit of 1 salmon (jack or adult) either retained or released. No catch and release permitted on spring chinook, salmon fishing ends for the day after catching one salmon. If a salmon has swallowed the hook or is hooked in the gills, eye or tongue, it must be retained.
(3) Special "Non-Buoyant Lure Restriction" with hooks measuring 1/2 inch minimum to 3/4 inch maximum gap from point to shank. Hook gap range applies to a single hook required on non-buoyant (sinking) lures and treble hooks (one or multiple treble hooks) on buoyant (floating) lures. Treble hooks are not permitted on sinking lures or flies.
(4) Fishing with bait is prohibited, unscented lures or flies with barbed hooks permitted.
(5) Fishing from a floating device equipped with a motor is prohibited.
(6) Night closure in effect.
(7) Closed waters: From Town Diversion Dam downstream 400 feet (between Ellensburg and Thorp off Highway 10).
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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER
The following section of the Washington Administrative Code
is repealed effective July 2, 2000 one hour after official
sunset:
| WAC 220-57-53000C | Yakima River. |