12-15-005

WSR 12-15-005

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-137 -- Filed July 6, 2012, 3:23 p.m. , effective July 9, 2012 ]

     Effective Date of Rule: July 9, 2012.

     Purpose: Amend recreational fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900U; 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 department is in the process of adopting permanent rules that are necessary to implement the personal-use fishing plans agreed to with resource comanagers at the North of Falcon proceedings. These emergency rules are necessary to comply with agreed-to management plans. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 6, 2012.

Lori Preuss

for Philip Anderson

Director

NEW SECTION
WAC 232-28-61900Y   Freshwater exceptions to statewide rules -- 2012 North of Falcon-eastern Washington rivers and Columbia River.   Notwithstanding the provisions of WAC 232-28-619 and WAC 220-55-255, 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. Cowlitz River (Lewis County):

     From Lexington Bridge Drive in Kelso upstream to the Highway 505 Bridge in Toledo: All Species: Anglers in possession of a valid two-pole endorsement may use up to two lines while fishing.

     2. Klickitat River (Klickitat County):

     From mouth to Fisher Hill Bridge: When anti-snagging rule is in effect, only fish hooked inside the mouth may be retained.

     3. Lewis River (Clark County):

     From railroad bridge near Kuhnis Road upstream to mouth of East Fork Lewis: Anglers in possession of a valid two pole endorsement may use up to two lines while fishing.

     4. Lewis River, North Fork (Clark/Skamania counties):

     From mouth to Johnson Creek: Anglers in possession of a valid two-pole endorsement may use up to two lines while fishing.

     5. Wind River (Skamania County):

     From mouth to 400 feet below Shipherd Falls: Salmon and Steelhead: Open immediately through July 31. Fishing for trout (except hatchery steelhead) is closed.

     6. White Salmon River (Klickitat/Skamania counties):

     a) From county road bridge below powerhouse to Northwestern Lake Road Bridge: Closed waters.

     b) From Northwestern Lake Road Bridge to 400 feet below Big Brother's Falls at River Mile 16: Closed waters from Big Brother's Falls downstream 400 feet. All game fish: Effective immediately, catch and release only, except up to 2 hatchery steelhead may be retained. Selective gear rules in effect.

     7. Okanogan River (Okanogan County):

     Salmon: Open until further notice. Daily limit 6 Chinook and 6 sockeye only. Of the 6 Chinook, no more than 3 may be adult Chinook, and of these 3 adult Chinook, only 1 may be a wild adult Chinook. Effective immediately through October 15, release all Chinook and sockeye with external floy tags and/or with one or more holes (round, approximately 1/4-inch diameter) punched in the caudal (tail) fin.

     8. Similkameen River (Okanogan County):

     From the mouth to Enloe Dam: Salmon: Open until further notice. Daily limit 6 Chinook and 6 sockeye only. Of the 6 Chinook, no more than 3 may be adult Chinook, and of these 3 adult Chinook, only 1 may be a wild adult Chinook. Effective immediately through October 15, release all Chinook and sockeye with external floy tags and/or with one or more holes (round, approximately 1/4-inch diameter) punched in the caudal (tail) fin.

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REPEALER

     The following section of the Washington Administrative Code is repealed effective July 9, 2012:

WAC 232-28-61900U

Freshwater exceptions to statewide rules -- 2012 North of Falcon eastern Washington rivers and Columbia River. (12-127)