WSR 01-22-087

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-248 -- Filed November 5, 2001, 4:41 p.m. , effective November 6, 2001, 12:01 a.m. ]

Date of Adoption: November 5, 2001.

Purpose: Amend personal use fishing rules.

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

Statutory Authority for Adoption: RCW 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: Large numbers of hatchery steelhead are expected to return to Ringold Hatchery and above Priest Rapids Dam. The largest steelhead count on record (over 630,000 fish) has already passed over Bonneville Dam. Only a relatively small number of returning hatchery steelhead are needed for hatchery production and spawning escapement objectives. Therefore, the excess hatchery steelhead are available for harvest in the mainstem Columbia and in the Okanogan and Similkameen rivers, which have little natural production and where fishing effort will not impact listed wild steelhead. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 6, 2001, 12:01 a.m.

November 5, 2001

Lew Atkins

for Jeff Koenings

Director


NEW SECTION
WAC 220-56-10000A   "Whitefish gear" definition.   Effective immediately until further notice, "whitefish gear" means terminal fishing gear is restricted to one single hook, maximum hook size three-sixteenths inch point to shank (hook size 14), and bait is allowed.

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NEW SECTION
WAC 232-28-61900C   Similkameen, Okanogan, and mainstem Columbia -- Winter steelhead.   Notwithstanding the provisions of WAC 232-28-619, effective November 6, 2001, it is lawful to fish for and possess up to two hatchery steelhead per day taken from the following waters during the periods indicated, except that any steelhead with either a radio tag wire protruding from the mouth or a disc tag attached near the dorsal fin must be released:

(1) Columbia River - main stem from Highway 395 Bridge at Pasco upstream to the Old Hanford town site wooden power line towers upstream from Ringold Hatchery - Open until further notice.

(2) Okanogan River - mouth upstream open until further notice except:

(a) Closed from Zosel Dam downstream to one-quarter mile below the railroad trestle, and

(b) Closed February 16, 2002, until further notice in those waters between the Highway 97 Bridge at Omak and a line across the river 500 feet above Omak Creek.

(c) Selective gear rules apply for steelhead except beginning December 1, 2001, until further notice it is also lawful to use whitefish gear.

(3) Similkameen River - mouth to 400 feet below Enloe Dam - Open until further notice. Selective gear rules apply for steelhead.

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Washington State Code Reviser's Office