WSR 06-11-077

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-104 -- Filed May 16, 2006, 2:34 p.m. , effective May 17, 2006 ]


Effective Date of Rule: May 17, 2006.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900Z; 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: The upriver spring chinook return to the Columbia River has been upgraded to 100,000 which is greater than the preseason forecast of 88,400. With a projected run of this size, additional opportunity for sport fisheries in the Columbia River is available. The season is consistent with Washington Fish and Wildlife Commission guidance for 2006-2007. The extended season is expected to allow for harvest of hatchery chinook while minimizing impacts to ESA listed species. Rule is consistent with joint state actions of WDFW and ODFW on May 15, 2006.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 16, 2006.

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900A   Exceptions to statewide rules -- Columbia River.   Notwithstanding the provisions of WAC 232-28-619, it is unlawful to violate the following provisions, provided that unless otherwise amended all permanent rules remain in effect:

1. Columbia River:

i. From the Rocky Point/Tongue Point line upstream to Bonneville Dam (except for those waters closed under permanent regulations). Salmon and steelhead: Open May 17 until further notice. Daily limit 6 salmon of which no more than 2 may be adult salmon. Release all wild Chinook, wild coho, sockeye and chum. Minimum size 12 inches. Daily limit 2 trout, release wild steelhead and wild cutthroat. Minimum size 12-inches.

ii. From Tower Island power lines in Bonneville Pool upstream to McNary Dam, (except for those waters closed under permanent regulations). Salmon and steelhead: Open immediately through June 15. Daily limit 6 salmon of which no more than 2 may be adult salmon. Release all wild Chinook, sockeye and chum. Minimum size 12 inches. Daily limit 2 trout, release wild steelhead. Minimum size 12-inches.

iii. For the mainstem Columbia River salmon and steelhead fishery upstream of the Rocky Point/Tongue Point line effective through June 15, 2006, salmon and steelhead required to be released may not be totally removed from the water, except anglers fishing from vessels thirty feet or longer shown on their state registration or Coast Guard documentation are exempt from this subsection.

[]


REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. May 17, 2006:


WAC 232-28-61900Z Exceptions to statewide rules -- Columbia River. (06-101)

Washington State Code Reviser's Office