WSR 06-22-007

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-268 -- Filed October 19, 2006, 4:47 p.m. , effective October 21, 2006, 12:01 a.m. ]


     Effective Date of Rule: October 21, 2006, 12:01 a.m.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: 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: Large numbers of hatchery steelhead are expected to return to the waters above Priest Rapids Dam (10,540). Only a relatively small number of the returning hatchery steelhead are needed for hatchery production. The recreational fishery will reduce the proportion of hatchery origin steelhead contributing to the adult spawning escapement, thereby minimizing impacts to wild steelhead spawners. This will increase the proportion of wild steelhead on the spawning grounds and thus improving the natural production. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 19, 2006.

Morris W. Barker

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900Z   Exceptions to statewide rules -- Columbia River   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. October 21, 2006 until further notice, it is unlawful to violate the following provisions:

     (1) For purposes of this section, "adipose-fin clipped steelhead" means steelhead with an adipose-fin clip and a healed scar at the site of the fin clip, whether or not any other fins are clipped or a healed scar is present at any other fin position.

     (2) Columbia River from Rocky Reach Dam to 400 feet below Chief Joseph Dam - Night closure in effect. Trout: Release all trout except up to two adipose-fin clipped steelhead may be retained. Release steelhead with anchor (floy) tag attached.

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