WSR 09-11-055

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-82 -- Filed May 13, 2009, 3:19 p.m. , effective May 13, 2009, 3:19 p.m. ]


Effective Date of Rule: Immediately.

Purpose: The purpose of this rule making is to allow nontreaty recreational fishing opportunity in the Columbia River while protecting fish listed as threatened or endangered under the Endangered Species Act (ESA). This rule making implements federal court orders governing Washington's relationship with treaty Indian tribes, federal law governing Washington's relationship with Oregon, and Washington fish and wildlife commission policy guidance for Columbia River fisheries.

Citation of Existing Rules Affected by this Order: Amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 77.04.130, 77.12.045, and 77.12.047.

Other Authority: United States v. Oregon, Civil No. 68-513-KI (D. Or.), Order Adopting 2008-2017 United States v. Oregon Management Agreement (Aug. 12, 2008) (Doc. No. 2546); Northwest Gillnetters Ass'n v. Sandison, 95 Wn.2d 638, 628 P.2d 800 (1981); Washington fish and wildlife commission policies concerning Columbia River fisheries; 40 Stat. 515 (Columbia River compact).

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; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

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, and are interim until permanent rules take effect. In addition, the opening of the steelhead fishery in the area from the Rocky Point/Tongue Point line upstream to the I-5 Bridge is delayed until June 1, to protect ESA-listed spring chinook returning from a smaller than predicted run size. There is insufficient time to adopt permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 0, Repealed 0; Federal Rules or Standards: New 1, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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 0.

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: May 13, 2009.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900Z   Exceptions to statewide rules -- 2009 North of Falcon.   Notwithstanding the provisions of WAC 232-28-619, effective immediately until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:


Columbia River


1. From a true north and south line through Buoy 10 to a projected line from Rocky Point on the Washington bank through Red Buoy 44 to the navigation light at Tongue Point on the Oregon bank: Effective August 1 until further notice, release all salmon other than Chinook and hatchery coho. Only one Chinook may be retained.

2. From a line projected from Rocky Point on the Washington bank through Red Buoy 44 to the navigation light at Tongue Point on the Oregon bank, to the I-5 Bridge: Effective May 16 through June 15, all salmon and steelhead must be released. Effective June 16 through July 31, release all salmon other than Chinook and sockeye. Effective June 16 through June 21, and July 6 through July 31, release adult Chinook. Effective August 1 until further notice, release all salmon other than Chinook and hatchery coho. Only one may be an adult Chinook.

3. From the I-5 Bridge to Bonneville Dam: Effective June 16 through July 31, release all salmon other than Chinook and sockeye. Effective June 16 through June 21, and July 6 through July 31, release adult Chinook. Effective August 1 until further notice, release all salmon other than Chinook and hatchery coho. Only one may be an adult Chinook.

4. From Bonneville Dam to the Highway 395 Bridge at Pasco: Effective June 16 through July 31, release all salmon other than Chinook and sockeye. Effective June 16 through June 30, release adult Chinook. Effective August 1 until further notice, release all salmon other than Chinook and coho. Release wild coho from Bonneville Dam to Hood River Bridge.

5. From the Highway 395 Bridge at Pasco to Priest Rapids Dam: Effective July 1 until further notice, the salmon daily limit is 6 fish, of which no more than 2 may be adults. Release sockeye.

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Washington State Code Reviser's Office