WSR 19-20-021
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-229—Filed September 20, 2019, 4:34 p.m., effective September 21, 2019]
Effective Date of Rule: September 21, 2019.
Purpose: Amend recreational fishing rules for the Toutle, North Fork Toutle, and Green rivers.
Citation of Rules Affected by this Order: Repealing WAC 220-312-03000C; and amending WAC 220-312-030.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.12.045, 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: Fall Chinook salmon harvest was closed on the Toutle River, North Fork Toutle, and Green rivers in 2019 due to expectations that numbers of Chinook salmon returning to these areas would not be enough to meet North Toutle Hatchery broodstock goals. Current projections based on returns to the hatchery indicate there will be enough Chinook salmon to meet hatchery broodstock goals and also allow for harvest opportunity in these areas. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 20, 2019.
Nate Pamplin
for Kelly Susewind
Director
NEW SECTION
WAC 220-312-03000DFreshwater exceptions to statewide rulesSouthwest.
Notwithstanding the provisions of WAC 220-312-030, effective September 21, 2019:
(1) Klickitat River (Klickitat Co.): From the mouth to Fisher Hill Bridge: Effective immediately through September 30, 2019: Release all steelhead.
(2) Toutle River (Cowlitz Co.), from the mouth to the forks; salmon, effective immediately through November 30, 2019:
(a) Daily limit 6; up to 4 adults may be retained, of which up to 1 may be a Chinook.
(b) Release all salmon other than hatchery Chinook and hatchery coho.
(3) Toutle River, North Fork (Cowlitz Co.), from the mouth (confluence with South Fork) to posted markers downstream of the fish collection facility; salmon, effective immediately through November 30, 2019:
(a) Daily limit 6; up to 4 adults may be retained, of which only 1 may be a Chinook.
(b) Release all salmon other than hatchery Chinook and hatchery coho.
(4) Green River (Cowlitz Co.), from the mouth to Miners creek; effective immediately through November 30, 2019:
(a) Closed waters: From 400 feet below to 400 feet above the water intake at the upper end of the hatchery.
(b) Salmon: Daily limit 6; up to 4 adults may be retained, of which up to 1 may be a Chinook. Release all salmon other than hatchery Chinook and hatchery coho.
(5) Washougal River (Clark/Skamania Co.), from the mouth to the bridge at Salmon Falls; effective immediately through December 31, 2019:
(a) Salmon: Daily limit 6. Up to 3 adult salmon may be retained, of which up to 1 may be a Chinook. Release all salmon other than hatchery Chinook and hatchery coho.
(b) Steelhead: Daily limit 3 hatchery steelhead; minimum length 20 inches.
(6) White Salmon River (Klickitat/Skamania Co.): From the mouth (Burlington Northern Railroad Bridge) to the county road bridge below the former location of the powerhouse: Effective immediately through September 30, 2019: Release all steelhead.
(7) Wind River (Skamania Co.):
(a) From the mouth to 400 feet downstream of Shipherd Falls fish ladder: Effective immediately through September 30, 2019: Release all steelhead.
(b) From 100 feet above Shipherd Falls to Moore Bridge: Effective immediately through November 30, 2019: Closed waters.
REPEALER
The following section of the Washington Administrative Code is repealed effective September 21, 2019:
WAC 220-312-03000C
Freshwater exceptions to statewide rulesSouthwest. (19-226)