WSR 09-14-115

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-124 -- Filed June 30, 2009, 4:42 p.m. , effective July 1, 2009 ]


Effective Date of Rule: July 1, 2009.

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: Repealing WAC 232-28-61900C; and 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: Sockeye salmon returns to the upper Columbia River are predicted to be in excess of needs for wild fish escapement to the spawning grounds. The population is not listed under the ESA. There is insufficient time to adopt permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 0, Repealed 1; Federal Rules or Standards: New 1, Amended 0, Repealed 1; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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: June 30, 2009.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900C   Exceptions to statewide rules -- Columbia River.   Notwithstanding the provisions of WAC 232-28-619:

(1) Effective July 1 through August 15, 2009 - Columbia River from the Highway 395 Bridge at Pasco to Priest Rapids Dam, daily limit six salmon, only four of which may be adults, and up to two of the adult salmon may be Chinook. Steelhead must be released.

(2) Effective July 1 through October 15, 2009 - Columbia River from Priest Rapids Dam to Wells Dam, daily limit six salmon, only four of which may be adults, and up to two of the adult salmon may be Chinook. Coho salmon and steelhead must be released.

(3) Effective July 16 through August 31, 2009 - Columbia River from Wells Dam to Highway 173 Bridge in Brewster, daily limit six salmon, only four of which may be adults, and up to two of the adult salmon may be Chinook. Coho salmon and steelhead must be released. Release any Chinook with an anchor (floy) tag attached.

(4) Effective July 1 through October 15, 2009 - Columbia river from Highway 173 in Brewster to Highway 17 in Bridgeport, daily limit six salmon, only four of which may be adults, and up to two of the adult salmon may be Chinook. Coho salmon and steelhead must be released. Release any Chinook with an anchor (floy) tag attached.

[]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER


The following section of the Washington Administrative Code is repealed effective October 16, 2009:


WAC 232-28-61900C Exceptions to statewide rules -- Columbia and Okanogan rivers.

Washington State Code Reviser's Office