WSR 06-01-021

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-270 -- Filed December 12, 2005, 5:03 p.m. , effective December 13, 2005 ]


     Effective Date of Rule: December 13, 2005.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900X; 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: Salmon are no longer in this part of the Columbia River and it can be opened to steelhead fishing. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: December 12, 2005.

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900C   Exceptions to statewide rules -- Columbia, Methow, Okanogan and Similkameen rivers.   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. December 13, 2005 until further notice, it is unlawful to violate the following provisions in the following waters:

     (1) For purposes of this section, "adipose fin clipped steelhead" means steelhead with an adipose fin clip and a healed scar at the site of the fin clip, whether or not any other fins are clipped or a healed scar is present at any other fin position.

     (2) Columbia River from Rocky Reach Dam to 400 feet below Chief Joseph Dam - Open until further notice. Night closure in effect. Daily limit may contain up to two adipose fin clipped steelhead. Release steelhead with disk tag attached. Release trout other than steelhead.

     (3) Okanogan River - Open until further notice, except closed from Lake Osoyoos Control Dam (Zosel Dam) downstream to one-quarter mile below railroad trestle. Selective gear rules except lawful to fish from motorized vessels. Night closure in effect. Gamefish: Open to all gamefish downstream from Highway 97 Bridge at Malott. Daily limit may contain up to two adipose fin clipped steelhead. Release steelhead with disk tag attached. Above Highway 97 Bridge at Malott, open only for adipose fin clipped steelhead. Daily limit may contain up to two adipose fin clipped steelhead. Release steelhead with disk tag attached.

     (4) Similkameen River - Mouth to 400 feet below Enloe Dam - Open until further notice. Selective gear rules. Night closure in effect. All species: Release all fish except up to two adipose fin clipped steelhead per day may be retained and whitefish may be retained. Release steelhead with disk tag attached. Whitefish gear rules do not apply.

     (5) Methow River - Open until further notice. Mouth (Highway 97 Bridge) upstream to the second powerline crossing, and from the first Highway 153 Bridge north of Pateros to the confluence with the Chewuch River. Selective gear rules except lawful to fish from motorized vessels. Night closure in effect. All species: Release all fish except up to two adipose fin clipped steelhead per day may be retained and whitefish may be retained. Release steelhead with disk tag attached. Whitefish gear rules do not apply.

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REPEALER


     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. December 13, 2005.


WAC 232-28-61900X Exceptions to statewide rules -- Columbia, Methow, Okanogan and Similkameen rivers. (05-232)