09-14-098

WSR 09-14-098

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-125 -- Filed June 30, 2009, 10:22 a.m. , effective July 1, 2009 ]

     Effective Date of Rule: July 1, 2009.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900E; 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 upper Columbia River summer chinook return at Wells Dam is adequate to provide necessary escapement goals, along with a harvest fishery. The stock is stable and not listed under the Endangered Species Act (ESA). Sockeye salmon returns are predicted to be in excess of needs for wild fish escapement. The stock is not listed under [the] ESA. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 30, 2009.

Lori Preuss

for Philip Anderson

Director

NEW SECTION
WAC 232-28-61900E   Exceptions to statewide rules -- Okanogan and Similkameen rivers.   Notwithstanding the provisions of WAC 232-28-619, effective immediately until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:

     (1) Okanogan River (Okanogan Co.)

     (a) Effective July 1 through September 15, 2009, a person may fish for salmon in those waters from the Highway 97 Bridge near the mouth to the Highway 97 Bridge at Oroville. Daily limit of six salmon, only four of which may be adults, and up to two of the adult salmon may be Chinook. Coho salmon and steelhead must be released. Anti-snagging rule and night closure are in effect for all species.

     (b) Effective July 1 through October 15, 2009, a person may fish for salmon in those waters from the mouth to the Highway 97 Bridge. Daily limit of six salmon, up to four of which may be adults, and up to two of the adult salmon may be Chinook. Coho salmon and steelhead must be released. Anti-snagging rule and night closure are in effect for all species.

     (c) Effective September 1 through September 15, 2009, in those waters upstream of the Highway 97 bridge in Malott, statewide gamefish rules are in effect, except release all trout. Anti-snagging rule and night closure are in effect for all species.

     (2) Similkameen River (Okanogan Co.) Effective July 1 through September 15, 2009, a person may fish in those waters from the mouth upstream to the Highway 7 Bridge at Oroville. Daily limit of six salmon, only four of which may be adults, and up to two of the adult salmon may be Chinook. Coho salmon and steelhead must be released. Anti-snagging rule and night closure are in effect for all species.

[]

REPEALER

     The following section of the Washington Administrative Code is repealed effective October 16, 2009:

WAC 232-28-61900E

Exceptions to statewide rules -- Okanogan and Similkameen rivers.