WSR 16-11-039
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 16-104-Filed May 11, 2016, 9:05 a.m., effective May 16, 2016]
Effective Date of Rule: May 16, 2016.
Purpose: Amend recreational fishing rules in Icicle River.
Citation of Existing Rules Affected by this Order: Amending WAC 220-310-195.
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: Inseason run analysis has predicted that about three thousand salmon are currently enroute to the Icicle River. Although upper Columbia River spring Chinook have been listed as endangered under the Endangered Species Act (ESA), the salmon returning to the Icicle River are a nonendemic stock returning to Leavenworth National Fish Hatchery, and are not listed under the ESA. An emergency rule is needed to open the Icicle River for hatchery Chinook fishing and will provide additional angling opportunity. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1 [0].
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 11, 2016.
J. W. Unsworth
Director
NEW SECTION
WAC 220-310-19500H Freshwater exceptions to statewide rules-Eastside.
Notwithstanding the provisions of WAC 220-310-195, effective May 16, 2016, until further notice it is permissible to fish in waters of the Icicle River from the closure signs located 800 feet upstream of the mouth to 500 feet downstream of the Leavenworth National Fish Hatchery Barrier Dam. Also, it is permissible to fish from the closure signs located upstream of the Leavenworth National Fish Hatchery where Cyo Road would intersect the Icicle River at the Sleeping Lady Resort (RM 4.0) to the Icicle Peshastin Irrigation District footbridge 750' upstream of the Snow Lakes trailhead parking area (RM 5.7)
(1) Daily limit two hatchery Chinook, minimum size 12 inches.
(2) Mandatory retention of hatchery spring Chinook.
(3) Anglers must release adipose present Chinook unharmed and cannot be removed from the water prior to release.
(4) Anglers must release all Chinook with one or more round 1/4 inch diameter holes punched in the caudal (tail) fin.
(5) No gear restrictions. Night closure is in effect.
