WSR 09-21-099

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-246 -- Filed October 20, 2009, 3:47 p.m. , effective October 22, 2009 ]


Effective Date of Rule: October 22, 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. 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 232-28-61900D; 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: The technical advisory committee (TAC) reviewed the Columbia River early and late coho stock status and reported the overall run was tracking at or above expectations of a total return of 700,000 adults. TAC observed that the early stock return appears to be tracking slightly less than the preseason forecast of 466,700 fish, while the late stock return appears to be currently tracking ahead of the preseason forecast of 236,600. At Bonneville Dam, 196,300 adult coho had been counted through October 18, compared to the preseason expectation of 160,100 fish. Surplus hatchery origin coho are available for harvest. 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: October 20, 2009.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900D   Exceptions to statewide rules -- Columbia River.   Notwithstanding the provisions of WAC 232-28-619, effective October 22, through December 31, 2009, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:

(1) Lower Columbia River from the Rocky Point/Tongue Point line upstream to a line projected from the Warrior Rock Lighthouse through Red Buoy #4 to the orange marker atop the dolphin on the lower end of Bachelor Island - The daily limit is six fish. Up to three may be adults, of which no more than two may be hatchery steelhead. Release all salmon other than hatchery coho. Salmon minimum size is 12 inches.

(2) Lower Columbia River from a line projected from the Warrior Rock Lighthouse upstream to Bonneville Dam - The daily limit is six fish. Up to three may be adults, of which no more than two may be hatchery steelhead. Only one adult Chinook may be retained. Release all salmon other than Chinook and hatchery coho. Salmon minimum size is 12 inches.

(3) Bonneville Dam upstream to the Hwy. 395 Bridge at Pasco - The daily limit is six fish. Up to three may be adults. No more than two may be hatchery steelhead or Chinook, or one of each. Release all salmon other than Chinook and coho. Release wild coho from Bonneville Dam to the Hood River Bridge. Salmon minimum size is 12 inches.

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REPEALER


The following section of the Washington Administrative Code is repealed effective January 1, 2010:


WAC 232-28-61900D Exceptions to statewide rules -- Columbia River.

Washington State Code Reviser's Office