12-15-062

WSR 12-15-062

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-143 -- Filed July 17, 2012, 2:27 p.m. , effective July 18, 2012 ]

     Effective Date of Rule: July 18, 2012.

     Purpose: Amend recreational fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900D and 232-28-61900Y; 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: This emergency rule is needed to align with regulations already in effect on the Columbia River adjacent to this area, and allows anglers who fish the area around the mouth of the Okanogan River and up to the first Highway 97 Bridge to use two poles while fishing for salmon, which will provide additional recreational fishing opportunity. 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. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 17, 2012.

Philip Anderson

Director

NEW SECTION
WAC 232-28-61900V   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. Chelan Lake (Chelan County):

     a. South of a line between Purple Point and Painted Rocks to Chelan Dam: Salmon season is year-round with a minimum size of 15 inches and daily limit of one fish. No catch record card required for salmon.

     b. North of a line between Purple Point and Painted Rocks: No catch record card required for salmon.

     2. 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.

     3. 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.

     4. Lewis River (Clark County):

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

     5. 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.

     6. 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.

     7. 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.

     8. Okanogan River (Okanogan County):

     a. 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.

     b. From the mouth to the Highway 97 Bridge: All species: Anglers in possession of a valid two-pole endorsement may use up to two lines while fishing, from July 18 through August 31, 2012.

     9. 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.

[]

REPEALER

     The following sections of the Washington Administrative Code are repealed effective July 18, 2012:

WAC 232-28-61900Y	Freshwater exceptions to statewide rules -- 2012 North of Falcon eastern Washington rivers and Columbia River. (12-137)
WAC 232-28-61900D	Exceptions to statewide rules -- Chelan Lake. (12-111)