WSR 08-04-036

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-18 -- Filed January 30, 2008, 11:28 a.m. , effective January 31, 2008 ]


Effective Date of Rule: January 31, 2008.

Purpose: Amend fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900H; 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 Colville Indian Tribe requested the Washington department of fish and wildlife close the section of the Okanogan River to allow increased escapement of steelhead into Omak Creek. Anchor (floy) tags were applied to steelhead during run-size determination and fish sampling operations at Priest Rapids Dam. These anchor (floy) tagged hatchery-origin fish are no longer needed below Wells Dam for monitoring purposes. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 30, 2008.

Phil Anderson

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900A   Exceptions to statewide rules -- Columbia, Wenatchee, 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) For purposes of this section, "adipose fin clipped steelhead" means steelhead with an adipose fin removed and a healed scar at that site, whether or not any other fins are clipped or a healed scar is present at any other fin position.

(2) Columbia River from Wells Dam to 400 feet below Chief Joseph Dam - effective 12:01 a.m. January 31, 2008 until further notice. Night closure in effect. Daily limit may contain up to two adipose fin clipped steelhead. Release steelhead with anchor (floy) tag attached.

(3) Columbia River from Rock Island Dam to Wells Dam - effective 12:01 a.m. January 31, 2008 until further notice. Night closure in effect. Daily limit may contain up to two adipose fin clipped steelhead.

(4) Wenatchee River - effective 12:01 a.m. January 31, 2008 until further notice. Mouth to Icicle Road. Selective gear rules apply. 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. Whitefish gear rules do not apply.

(5) Methow River - effective 12:01 a.m. January 31, 2008 until further notice. From the Hwy. 97 Bridge in Pateros upstream to the second powerline crossing, and from the first Hwy. 153 Bridge north of Pateros to the confluence with the Chewuch River, open. Closed waters from second powerline crossing to the first Hwy. 153 Bridge. Selective gear rules apply except it is okay 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 anchor (floy) tag attached. Whitefish gear rules do not apply.

(6) Okanogan River - effective 12:01 a.m. January 31, 2008 until further notice: Open. Closed from Lake Osoyoos Control Dam (Zosel Dam) downstream to first Highway 97 Bridge downstream of the dam. Selective gear rules apply except it is okay to fish from motorized vessels. Night closure in effect. Gamefish: Open to all gamefish downstream from Highway Bridge at Malott. Daily limit may contain up to two adipose fin clipped steelhead. Release steelhead with anchor (floy) tag attached. Above Highway Bridge at Malott, open only for adipose fin clipped steelhead. Daily limit may contain up to two adipose fin clipped steelhead. Release steelhead with anchor (floy) tag attached.

- Except: Effective March 1, 2008 until further notice, a section from 500 feet below the Highway 155 Bridge (Central Street) at Omak to a line across the river 500 feet above the mouth of Omak Creek, closed to fishing.

(7) Similkameen River - Mouth to the Railroad Trestle Bridge (located one mile upstream of Highway 7 Bridge in Oroville): - Open January 31, 2008 until further notice. Closed to all fishing from the Railroad Trestle Bridge upstream to Enloe Dam. Selective gear rules apply. 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 anchor (floy) tag attached. Whitefish gear rules do not apply.

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REPEALER


The following section of the Washington Administrative Code is repealed, effective January 31, 2008:


WAC 232-28-61900H Exceptions to statewide rules -- Columbia, Wenatchee, Methow, Okanogan and Similkameen rivers. (07-243)

Washington State Code Reviser's Office