WSR 13-11-066




[ Order 13-99 -- Filed May 15, 2013, 3:32 p.m. , effective May 15, 2013, 3:32 p.m. ]

     Effective Date of Rule: Immediately.

     Purpose: Amend recreational 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 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 upriver spring chinook run size (including the Snake River) was updated on March 13, 2013, to 107,500, compared to the preseason forecast of 141,400 this represents approximately seventy-five percent of the preseason prediction. Based on the updated run size, and the estimated harvest for the entire Snake River within Washington, the Snake River recreational fisheries have approached the harvest allocation. Each of the lower two sections are estimated to have harvested over one hundred thirty hatchery adult chinook, so the fisheries are now closed. The Clarkston area has had no harvest, so it will remain open Sunday and Monday (May 19 and 20). Fishery managers will continue to monitor the run as the season progresses. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 15, 2013.

Philip Anderson


WAC 232-28-61900S   Exceptions to statewide rules -- Snake River.   Notwithstanding the provisions of WAC 232-28-619: (1) Effective immediately until further notice, a person may fish for and possess salmon in the waters of the Snake River from the intersection of Steptoe Canyon Road with Wawawai River Road on the Whitman County shore, upriver approximately 12 miles to the Idaho state line (from the east levee of the Greenbelt boat launch in Clarkston, northwest across the Snake River to the WA/ID boundary marker on the Whitman County shore). Open Sundays and Mondays only. Daily limit of five hatchery Chinook, of which not more than one may be an adult Chinook. Minimum size for Chinook is 12 inches in length.

     (a) All Chinook with the adipose fin intact, and all steelhead, must be released immediately, unharmed.

     (b) Hooks must be barbless when fishing for all species, and only single barbless hooks are allowed when fishing for sturgeon.

     (c) It is unlawful to use any hook larger than 5/8-inch (point of hook to shank) for all species except sturgeon.

     (d) Night closure is in effect for salmon and sturgeon.

     (e) For all areas open for Chinook, anglers must cease fishing for Chinook when the adult limit has been retained for the day.



     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900Z Exceptions to statewide rules -- Snake River. (13-79)