WSR 03-24-002

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-290 -- Filed November 19, 2003, 3:51 p.m. ]

Date of Adoption: November 19, 2003.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900C; and 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: NOAA fisheries approved marked hatchery-origin steelhead fisheries in the Upper Columbia Steelhead Evolutionary Significant Unit in October 2003. These fisheries may continue with modifications to the emergency rules issued previously. Modifications: 1) Change the whitefish gear rules to match the current steelhead rules in the Methow and Similkameen rivers; 2) disk tags were applied to steelhead during run-size determination and fish sampling operations at Priest Rapids Dam, these disk tagged hatchery-origin fish are no longer needed for monitoring purposes; 3) close to 100% of the "adipose-fin clipped" hatchery-origin steelhead bound for waters above Priest Rapids Dam have passed, impacts to above Priest Rapids Dam bound (AD clipped only) steelhead are now minimal. These regulation modifications will simplify rules for anglers and make the selective gear rules for steelhead enforceable. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: Immediately.

November 19, 2003

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900E   Exceptions to statewide rules -- Columbia, Methow, Okanogan and Similkameen rivers.   Notwithstanding the provisions of WAC 232-28-619, it is unlawful to violate the following provisions in the following waters:

(1) Columbia River from Highway 395 bridge at Pasco to the Old Hanford townsite wooden power line towers upstream of Ringold Springs Rearing Facility - Effective immediately, open to fish for and possess up to two hatchery steelhead per day until further notice.

(2) Columbia River from Rocky Reach Dam to Chief Joseph Dam - Effective immediately, open until further notice. Night closure. Daily limit may contain up to two adipose fin clipped steelhead.

(3) Columbia River from the Highway 395 Bridge at Pasco to the Old Hanford townsite wooden powerline towers, effective immediately through December 31, 2003, special daily limit of six salmon, no more than four adults.

(4) Methow River - Mouth upstream to the confluence with the Chewuch River. Effective immediately open until further notice. Selective gear rules except it is lawful to fish from motorized vessels. Night closure. Daily limit may contain up to two adipose fin clipped steelhead.

-- Except: Effective December 1, 2003 until further notice whitefish gear rules do not apply.

(5) Okanogan River - Effective immediately open from mouth upstream until further notice, except closed from Zosel Dam downstream to one-quarter mile below railroad trestle. Selective gear rules except lawful to fish from motorized vessels. Night closure. Daily limit may contain up to two adipose fin clipped steelhead.

(6) Similkameen River - Effective immediately open from mouth to 400 feet below Enloe Dam open until further notice. Selective gear rules. Night closure. Daily limit may contain up to two adipose fin clipped steelhead.

-- Except: Effective December 1, 2003 until further notice whitefish gear rules do not apply.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900C Exeptions to statewide ruels -- Columbia, Methow, Okanogan and Similkameen rivers. (03-258)

Reviser's note: The spelling 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.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office