WSR 16-04-127 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 16-20—Filed February 3, 2016, 10:55 a.m., effective February 4, 2016] Effective Date of Rule: February 4, 2016.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-310-19500R, 220-310-19500S, 220-310-20000A and 220-310-20000B; and amending WAC 220-310-195 and 220-310-200.
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: Recent analysis of ongoing steelhead fisheries in the upper Columbia River shows that extending the fishery in the upper basin of the Wenatchee River should not exceed impact limits on natural-origin steelhead established by NOAA fisheries under section 10 of the federal Endangered Species Act. Expanding the fishery on the Wenatchee River will increase fishing opportunities for hatchery steelhead, reduce the proportion of hatchery fish on the spawning grounds, and further reduce competition between natural origin and hatchery juvenile production. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 4.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 3, 2016.
J. W. Unsworth
Director
NEW SECTION
WAC 220-310-19500T Freshwater exceptions to statewide rules—Eastside.
Notwithstanding the provisions of WAC 220-310-195, effective February 4, 2016, until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:
(1) Wenatchee River: It is permissible to fish for steelhead from the mouth to 400 feet below Tumwater Dam, including the 400 foot section below Dryden Dam.
(2) Icicle River: It is permissible to fish for steelhead from the mouth to 500 feet downstream of the Leavenworth National Fish Hatchery Barrier Dam.
(3) Entiat River: It is permissible to fish for steelhead from the mouth to approximately one half mile upstream to a point perpendicular with the intersection of the Entiat River Road and Hedding Street.
(4) Okanogan River: It is permissible to fish for steelhead from the mouth to the Highway 97 Bridge in Oroville.
(5) Similkameen River: It is permissible to fish for steelhead from the mouth to 400 feet below Enloe Dam.
(6) It is unlawful to violate the following provisions during the open times in the waters listed in this section:
(a) Night closure and selective gear rules are in effect.
(b) Daily limit:
(i) Two hatchery steelhead; 20 inch minimum size.
(ii) Five hatchery rainbow trout; less than 20 inches in total length.
(c) Mandatory retention of adipose fin clipped steelhead, except release all steelhead with a floy (anchor) tag attached or one or more round 1/4 inch in diameter holes punched in the caudal (tail) fin. Adipose present steelhead must be released unharmed and cannot be removed from the water prior to release.
(d) Anglers must cease fishing for the day when the daily limit of two hatchery steelhead are obtained, regardless of the number of hatchery rainbow trout obtained.
(7) Methow River: It is unlawful to fish for or possess whitefish from the mouth to the confluence of the Chewuch River in Winthrop.
NEW SECTION
WAC 220-310-20000E Freshwater exceptions to statewide rules—Columbia River.
Notwithstanding the provisions of WAC 220-310-200, effective February 4, 2016, until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:
(1) It is permissible to fish for steelhead in the Columbia River from Rock Island Dam to the powerlines crossing the Columbia River at Doroga State Park.
(2) It is permissible to fish for steelhead in the Columbia River from the Hwy 173 bridge at Brewster to 400 feet below Chief Joseph Dam.
(3) It is unlawful to violate the following provisions during the open times in the waters listed in this section:
a. Night closure and selective gear rules are in effect, except bait is permissible.
b. Daily limit:
(i) Two hatchery steelhead, 20 inch minimum size.
(ii) Five hatchery rainbow trout, less than 20 inches in total length.
c. Mandatory retention of adipose fin clipped steelhead, except release all steelhead with a floy (anchor) tag attached and/or one or more round 1/4 inch in diameter holes punched in the caudal (tail) fin. Adipose present steelhead must be released unharmed and cannot be removed from the water prior to release.
d. Anglers must cease fishing for the day when the daily limit of two (2) hatchery steelhead are obtained, regardless of the number of hatchery rainbow trout obtained.
REPEALER
The following sections of the Washington Administrative Code are repealed effective February 4, 2016:
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