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April 12 Through 11:59 A.M Washington State Register, Issue 13-09 WSR 13-09-003 WSR 13-09-002 3. Effective 12:01 a.m. April 12 through 11:59 a.m. April EMERGENCY RULES 14, 2013, razor clam digging is allowed in Razor Clam Area DEPARTMENT OF 4. Digging is allowed from 12:01 a.m. to 11:59 a.m. each day FISH AND WILDLIFE only. [Order 13-60—Filed April 4, 2013, 9:28 a.m., effective April 9, 2013, 12:01 4. Effective 12:01 a.m. April 12 through 11:59 a.m. April a.m.] 14, 2013, razor clam digging is allowed in Razor Clam Area Effective Date of Rule: April 9, 2013, 12:01 a.m. 5. Digging is allowed from 12:01 a.m. to 11:59 a.m. each day Purpose: Amend recreational fishing rules. only. Citation of Existing Rules Affected by this Order: 5. It is unlawful to dig for razor clams at any time in Repealing WAC 220-56-36000U; and amending WAC 220- Long Beach, Twin Harbors Beach or Copalis Beach Clam 56-360. sanctuaries defined in WAC 220-56-372. Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020. REPEALER Under RCW 34.05.350 the agency for good cause finds The following section of the Washington Administrative that immediate adoption, amendment, or repeal of a rule is Code is repealed effective 12:01 p.m. April 14, 2013: necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of WAC 220-56-36000U Razor clams—Areas and sea- notice and opportunity to comment upon adoption of a per- sons. manent rule would be contrary to the public interest. Reasons for this Finding: Survey results show that ade- quate clams are available for harvest in Razor Clam Areas 1, 3, 4 and 5. Washington department of health has certified WSR 13-09-003 clams from these beaches to be safe for human consumption. EMERGENCY RULES There is insufficient time to adopt permanent rules. DEPARTMENT OF Number of Sections Adopted in Order to Comply with FISH AND WILDLIFE Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or [Order 13-58—Filed April 4, 2013, 9:39 a.m., effective April 27, 2013] Recently Enacted State Statutes: New 0, Amended 0, Effective Date of Rule: April 27, 2013. Repealed 0. Purpose: Amend recreational fishing rules. Number of Sections Adopted at Request of a Nongov- Citation of Existing Rules Affected by this Order: ernmental Entity: New 0, Amended 0, Repealed 0. Amending WAC 232-28-619. Number of Sections Adopted on the Agency's Own Ini- Statutory Authority for Adoption: RCW 77.12.047 and tiative: New 1, Amended 0, Repealed 1. 77.04.020. Number of Sections Adopted in Order to Clarify, Under RCW 34.05.350 the agency for good cause finds Streamline, or Reform Agency Procedures: New 0, that immediate adoption, amendment, or repeal of a rule is Amended 0, Repealed 0. necessary for the preservation of the public health, safety, or Number of Sections Adopted Using Negotiated Rule general welfare, and that observing the time requirements of Making: New 0, Amended 0, Repealed 0; Pilot Rule Mak- notice and opportunity to comment upon adoption of a per- ing: New 0, Amended 0, Repealed 0; or Other Alternative manent rule would be contrary to the public interest. Rule Making: New 0, Amended 0, Repealed 0. Reasons for this Finding: Under existing permanent reg- Date Adopted: April 4, 2013. ulations, Swift Reservoir opens for fishing the fourth Satur- Joe Stohr day in April. Under rules recently adopted by the fish and for Philip Anderson wildlife commission, the reservoir would have been closed Director from May 1, 2013, until the first Saturday in June. The newly adopted permanent regulation was predicated on the assump- tion that salmon and steelhead reintroduction efforts would NEW SECTION have progressed to the point of significant numbers of down- WAC 220-56-36000U Razor clams—Areas and sea- stream smolts migrating through the reservoir through the sons. Notwithstanding the provisions of WAC 220-56-360, it month of May. However, due to delays, adult reintroduction is unlawful to dig for or possess razor clams taken for per- efforts and smolt production are just getting under way. sonal use from any beach in Razor Clam Areas 1, 3, 4, or 5, There is no need to close the reservoir in May of this year. except as provided for in this section: The fishery can proceed under the traditional opening date. 1. Effective 12:01 a.m. April 12 through 11:59 a.m. April There is insufficient time to adopt permanent rules. 14, 2013, razor clam digging is allowed in Razor Clam Area Number of Sections Adopted in Order to Comply with 1. Digging is allowed from 12:01 a.m. to 11:59 a.m. each day Federal Statute: New 0, Amended 0, Repealed 0; Federal only. Rules or Standards: New 0, Amended 0, Repealed 0; or 2. Effective 12:01 a.m. April 9 through 11:59 a.m. April Recently Enacted State Statutes: New 0, Amended 0, 14, 2013, razor clam digging is allowed in Razor Clam Area Repealed 0. 3. Digging is allowed from 12:01 a.m. to 11:59 a.m. each day Number of Sections Adopted at Request of a Nongov- only. ernmental Entity: New 0, Amended 0, Repealed 0. [ 1 ] Emergency WSR 13-09-005 Washington State Register, Issue 13-09 Number of Sections Adopted on the Agency's Own Ini- Under RCW 34.05.350 the agency for good cause finds tiative: New 1, Amended 0, Repealed 0. that immediate adoption, amendment, or repeal of a rule is Number of Sections Adopted in Order to Clarify, necessary for the preservation of the public health, safety, or Streamline, or Reform Agency Procedures: New 0, general welfare, and that observing the time requirements of Amended 0, Repealed 0. notice and opportunity to comment upon adoption of a per- Number of Sections Adopted Using Negotiated Rule manent rule would be contrary to the public interest. Making: New 0, Amended 0, Repealed 0; Pilot Rule Mak- Reasons for this Finding: Extends the 2013 spring recre- ing: New 0, Amended 0, Repealed 0; or Other Alternative ational salmon season in the Columbia River in the area from Rule Making: New 0, Amended 0, Repealed 0. Buoy 10 upstream to Bonneville Dam. An additional six Date Adopted: April 4, 2013. retention days have been adopted beyond the scheduled clo- Joe Stohr sure date of April 5, 2013. Catch rates to date have been less for Philip Anderson than expected, so hatchery chinook remain available for har- Director vest. Maintains the adjustment to the hatchery adult bag limit in Deep River so that it is consistent with the adjacent Colum- bia River when both areas are open. Prohibits full removal of NEW SECTION nonlegal fish from the water. Sand Island Slough closure WAC 232-28-61900G Freshwater exceptions to remains in effect through April 30. Regulation is consistent statewide rules—Swift Reservoir Notwithstanding the pro- with guidance from Washington fish and wildlife commis- visions of WAC 232-28-619, effective April 27, 2013, until sion and director, and compact/joint state action of January further notice, in waters of Swift Reservoir from Swift Dam 30 and April 3, 2013. The fishery is consistent with the U.S. to Eagle Cliff Bridge, it is permissible to fish for game fish v. Oregon Management Agreement and the associated bio- and salmon. The trout daily limit is five, except that all bull logical opinion. Conforms Washington state rules with Ore- trout must be released. Landlocked rules are in effect gon state rules. There is insufficient time to adopt permanent (salmon count towards the trout daily limit) and all salmon rules. longer than 15 inches in length must be released. Two poles Washington and Oregon jointly regulate Columbia River are not allowed, and selective rules apply from the posted fisheries under the congressionally ratified Columbia River markers approximately 3/8-mile below Eagle Cliff Bridge to compact. Four Indian tribes have treaty fishing rights in the the bridge. Columbia River. The treaties preempt state regulations that fail to allow the tribes an opportunity to take a fair share of the available fish, and the states must manage other fisheries accordingly. Sohappy v. Smith, 302 F. Supp. 899 (D. Or. WSR 13-09-005 1969). A federal court order sets the current parameters for EMERGENCY RULES sharing between treaty Indians and others. United States v. DEPARTMENT OF Oregon, Civil No. 68-513-KI (D. Or.), Order Adopting 2008- FISH AND WILDLIFE 2017 United States v. Oregon Management Agreement (Aug. [Order 13-62—Filed April 4, 2013, 3:57 p.m., effective April 4, 2013, 3:57 12, 2008) (Doc. No. 2546). p.m.] Some Columbia River Basin salmon and steelhead Effective Date of Rule: Immediately. stocks are listed as threatened or endangered under the fed- eral ESA. On May 5, 2008, the National Marine Fisheries Purpose: The purpose of this rule making is to allow Service issued a biological opinion under 16 U.S.C. § 1536 nontreaty recreational fishing opportunity in the Columbia that allows for some incidental take of these species in treaty River while protecting fish listed as threatened or endangered and nontreaty Columbia River fisheries governed by the under the Endangered Species Act (ESA). This rule making 2008-2017 U.S. v. Oregon Management Agreement. The implements federal court orders governing Washington's Washington and Oregon fish and wildlife commissions have relationship with treaty Indian tribes, federal law governing Washington's relationship with Oregon, and Washington fish developed policies to guide the implementation of such bio- and wildlife commission policy guidance for Columbia River logical opinions in the states' regulation of nontreaty fisher- fisheries.
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