WSR 15-18-079 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-289—Filed August 28, 2015, 2:09 p.m., effective September 1, 2015] Effective Date of Rule: September 1, 2015.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Amending WAC 220-310-195.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, and 77.12.047.
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 2015 Columbia River forecasted return of upriver bright adults is 518,300 with a significant portion of these fish are expected to return to the Snake River. A significant steelhead fishery also occurs in the area and some hatchery fall Chinook are expected to be caught during steelhead fishing. Retention of hatchery fall Chinook is not expected to increase impacts to ESA listed wild fall Chinook. Natural origin steelhead returns to the Tucannon River are not meeting management goals for conservation and therefore the fishery for hatchery steelhead must be modified to provide more protection of naturally produced steelhead in the Tucannon River. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 28, 2015.
J. W. Unsworth
Director
NEW SECTION
WAC 220-310-19500J Freshwater exceptions to statewide rules—Eastside.
Notwithstanding the provisions of WAC 220-310-195:
(1) Snake River - Effective September 1 through October 31, 2015, open for salmon in waters of the Columbia River from the railroad bridge between Burbank and Kennewick upstream approximately 2.1 miles to the first power line crossing upstream of the navigation light on the point of Sacajawea State Park (Snake River Confluence Protection Area) and on the Snake River from the mouth to the Oregon State line.
(a) Daily limit of six adipose fin-clipped fall Chinook adults (24 inches in length and larger), and six adipose fin-clipped jack fall Chinook (less than 24 inches). Minimum size for Chinook is 12 inches.
(b) Anglers must cease fishing for salmon and steelhead for the day once they have retained 3 hatchery steelhead regardless of whether the salmon daily limit has been retained.
(c) All Chinook with the adipose fin intact, and all steelhead, must be released immediately, unharmed.
(d) Barbless hooks are required when fishing for Chinook or steelhead.
(e) It is unlawful to remove any Chinook or steelhead from the water unless it is retained as part of the daily limit.
(2) Tucannon River - Effective September 1, 2015, until further notice, the following rules apply:
(a) Daily Limit is reduced to 2 hatchery steelhead per day.
(b) Mandatory hatchery steelhead retention is required.
(c) Barbless hooks are required while fishing for steelhead.
(d) Release all wild steelhead.
(e) The area from Marengo (at Turner Road Bridge) upstream is closed to fishing.
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