WSR 08-13-026

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-136 -- Filed June 10, 2008, 10:23 a.m. , effective June 10, 2008, 10:23 a.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900R and 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: Creel census data and recent reports from anglers indicate that a large percentage of the spring chinook migrating upstream to Roza Dam are adipose-clipped hatchery fish, both jacks and adults. Hatchery jacks are particularly abundant. Washington department of fish and wildlife and Yakama Nation comanagers want to limit the number of hatchery jacks and adults on the upper Yakima River spawning grounds this fall to prevent adverse genetic impacts to the natural-origin component of the run. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 10, 2008.

Loreva M. Preuss

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900C   Exceptions to statewide rules -- Yakima River.   (1) Notwithstanding the provisions of WAC 232-28-619, effective immediately through June 30, 2008, a person may fish for salmon in waters of the Yakima River from the Interstate 182 bridge in Richland upstream to the SR 225 bridge at Benton City and from the Interstate 82 bridge at Union Gap upstream to 3,500 feet downstream of Roza Dam ("closed water" boundary markers).

(a) Daily limit of six hatchery salmon. Minimum size of 12 inches in length.

(b) Night closure in effect.

(c) One single-point, barbless hook with a gap from point to shank of 3/4 inch or less required for all species.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900R Exceptions to statewide rules -- Yakima River. (08-121)

The following section of the Washington Administrative Code is repealed effective July 1, 2008:


WAC 232-28-61900C Exceptions to statewide rules -- Yakima River.

Washington State Code Reviser's Office