WSR 09-20-026

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-227 -- Filed September 28, 2009, 5:07 p.m. , effective September 29, 2009 ]


Effective Date of Rule: September 29, 2009.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900U; and amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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 fishery will reduce the number of excess hatchery-origin steelhead and consequently increase the proportion of natural-origin steelhead on the spawning grounds. Higher proportions of naturally produced spawners are expected to improve genetic integrity and stock recruitment of upper Columbia River steelhead through perpetuation of steelhead stocks with the greatest natural-origin lineage. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 28, 2009.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900V   Exceptions to statewide rules -- Columbia, Entiat, Methow, Okanogan, Similkameen, Wenatchee rivers and Icicle Creek.   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: Mandatory retention of adipose fin-clipped hatchery origin steelhead. Release any steelhead with one or more round holes punched in the caudal (tail) fin. Current salmon and all other game fish gear rules do not apply during steelhead season.

(1) Effective September 29, 2009, until further notice, a person may fish for steelhead in the Columbia River from Rock Island Dam to 400 feet below Chief Joseph Dam. Selective gear rules, except bait and motorized vessels allowed. Night closure in effect. Daily limit may contain up to four adipose fin clipped steelhead; minimum size 20 inches.

(2) Effective September 29, 2009, until further notice, a person may fish for steelhead in the Entiat River upstream from the Alternate Highway 97 Bridge near the mouth of the Entiat River to 800 feet downstream of the Entiat National Fish Hatchery outfall. Night closure and selective gear rules apply, except motorized vessels allowed. Daily limit may contain up to four adipose fin clipped steelhead; minimum size 20 inches.

(3) Effective September 29, through November 15, 2009, until further notice, a person may fish for salmon and steelhead in waters of Icicle River from the mouth to 500 feet downstream of Leavenworth National Fish Hatchery Barrier Dam. Night closure and selective gear rules apply. Daily limit may contain up to four adipose fin clipped steelhead, minimum size 20 inches; and three coho salmon, minimum size 12 inches. Release all floy-tagged coho.

(4) Effective September 29, 2009, until further notice, a person may fish for steelhead in waters of the Methow River 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. Closed waters from second powerline crossing to the first Hwy. 153 Bridge. Night closure and selective gear rules apply, except motorized vessels allowed. Whitefish gear rules do not apply. Daily limit may contain up to four adipose fin clipped steelhead; minimum size 20 inches.

(5) Effective September 29, 2009, until further notice, a person may fish for steelhead in the Okanogan River, except CLOSED WATERS from the Lake Osoyoos Control Dam (Zosel Dam) downstream to the first Hwy 97 Bridge below Oroville, Washington. Night closure and selective gear rules apply, except motorized vessels are allowed. Daily limit may contain up to four adipose fin clipped steelhead; minimum size 20 inches.

(6) Effective November 1, 2009, until further notice, a person may fish for steelhead in waters of the Similkameen River from the mouth to 400 feet below Enloe Dam. Night closure and selective gear rules apply. Daily limit may contain up to four adipose fin clipped steelhead; minimum size 20 inches.

(7) Effective September 29, 2009, until further notice, a person may fish for steelhead in waters of the Wenatchee River from the mouth to the sign about 800 feet below the downstream side of Tumwater Dam. Night closure and selective gear rules apply. Daily limit may contain up to four adipose fin clipped steelhead; minimum size 20 inches.

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REPEALER


The following section of the Washington Administrative Code is repealed effective September 29, 2009:


WAC 232-28-61900U Exceptions to statewide rules -- Methow River. (09-224)

Washington State Code Reviser's Office