WSR 17-09-049 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 17-77—Filed April 17, 2017, 1:29 p.m., effective April 28, 2017] Effective Date of Rule: April 28, 2017.
Purpose: Amend recreational fishing rules for the Snake River.
Citation of Existing Rules Affected by this Order: Amending WAC 220-312-050.
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: Based on the preseason prediction for a relatively good return of spring Chinook and angler input requesting an emphasis for a longer fishery season, Snake River fisheries in each of these zones are open for only two days per week (with only one weekend day included each week) with a daily bag limit of only one adult hatchery Chinook. The restrictions on the fishery help prolong the duration of the season, ensure sharing of fishing opportunities with upriver fishery zones, and enables managers to ensure that the fisheries comply with Endangered Species Act restrictions and harvest allocations available for the Snake River. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 17, 2017.
J. W. Unsworth
Director
NEW SECTION
WAC 220-312-05000G Freshwater exceptions to statewide rules—Snake River.
Notwithstanding the provisions of WAC 220-312-050 and WAC 220-313-010:
(1) Effective April 28, 2017, until further notice, a person may fish for and possess salmon in waters of the Snake River from the South Bound Highway 12 Bridge at Pasco upstream about 7 miles to the fishing restriction boundary below Ice Harbor Dam. Open Friday and Saturday each week. Daily limit of six 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 during times and in locations open for salmon fishing and retention, 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.
(f) Anglers may possess 1 daily limit in fresh form in addition to the 2 daily limits in fresh form allowed by permanent rule.
(2) Effective April 30, 2017, until further notice, a person may fish for and possess salmon in the following waters of the Snake River from Texas Rapids boat launch (south side of the river approximately 3.5 miles upstream of the mouth of Tucannon River) to the fishing restriction boundary below Little Goose Dam. Minimum size for Chinook is 12 inches in length. This zone includes the area between the juvenile bypass return pipe and Little Goose Dam along the south shoreline of the facility (includes the walkway area locally known as "the wall" in front of the juvenile collection facility). Open Sunday and Monday each week. Daily limit of six hatchery Chinook, of which not more than one may be an adult Chinook.
(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 during times and in locations open for salmon fishing and retention, 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.
(f) Anglers may possess 1 daily limit in fresh form in addition to the 2 daily limits in fresh form allowed by permanent rule.
(3) Effective April 30, 2017, until further notice, a person may fish for and possess salmon in the following waters of the Snake River from the downstream edge of the large power lines crossing the Snake River (just upstream from the West Evans Road on the south shore) upstream about 3.5 miles to the Washington state line (from the east levee of the Greenbelt boat launch in Clarkston northwest across the Snake River to the WA/ID boundary waters marker on the Whitman County shore). Open Sunday and Monday each week. Daily limit of six 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 during times and in locations open for salmon fishing and retention, 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.
(f) Anglers may possess 1 daily limit in fresh form in addition to the 2 daily limits in fresh form allowed by permanent rule.
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