WSR 10-21-050

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-276 -- Filed October 14, 2010, 10:02 a.m. , effective October 15, 2010 ]


Effective Date of Rule: October 15, 2010.

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 232-28-61900J and 232-28-61900U; 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.

Reasons for this Finding: Opens the area below the Lewis River to chinook retention. Retains the daily limit that includes two adult chinook. Harvestable numbers of upriver bright fall chinook remain within the ESA impact limit, based on the current in-season chinook 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Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 0, Repealed 2; Federal Rules or Standards: New 1, Amended 0, Repealed 2; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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: October 14, 2010.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900U   Exceptions to statewide rules -- Columbia River.   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 Buoy 10 upstream to Bonneville Dam: Effective October 15 through December 31, 2010: Release all salmon other than Chinook and hatchery coho. Salmon minimum size limit is 12 inches. Daily limit six fish. Up to two may be adult salmon or hatchery steelhead, or one of each.

2. From Beacon Rock to Bonneville Dam, closed to fishing for salmon November 1 through December 31, 2010.

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REPEALER


The following section of the Washington Administrative Code is repealed effective October 15, 2010:


WAC 232-28-61900J Exceptions to statewide rules -- Columbia River. (10-249)


The following section of the Washington Administrative Code is repealed effective January 1, 2011:


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

Washington State Code Reviser's Office