WSR 15-15-141 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-215—Filed July 17, 2015, 4:00 p.m., effective July 18, 2015] Effective Date of Rule: July 18, 2015.
Purpose: Amend recreational fishing rules for low water and elevated water temperatures.
Citation of Existing Rules Affected by this Order: Amending WAC 220-310-195.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 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: Drought and the resulting low water flows have had detrimental impacts to these waters. Water temperatures in the rivers are exceeding the upper limit of tolerance for salmonids and native game fishes. Angling and handling of Endangered Species Act listed and/or wild salmon at these temperatures further reduces survival after release. The daily "hoot owl" closures are intended to reduce angling pressure and potential fish mortality by removing angling during periods of the day when fish are stressed from elevated temperatures. In addition, some streams are closed to angling because of record low flows due to lack of winter snowpack and rainfall. Stream flows have fallen low enough to concentrate fish into small areas of refugia where they are highly susceptible to angling, natural predation and poaching. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 17, 2015.
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-310-19500C Freshwater exceptions to statewide rules—Eastside.
Notwithstanding the provisions of WAC 220-310-195, effective July 18, 2015, until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:
(1) Walla Walla River (Walla Walla Co.) from McDonald Road Bridge to Oregon State Boundary – closed daily 2 PM to Midnight until further notice.
(2) Touchet River (Columbia/Walla Walla Co.) from mouth to the confluence of the North and South forks - closed daily 2 PM to Midnight until further notice.
(a) North Fork Touchet River from mouth to Spangler Creek - closed daily 2 PM to Midnight until further notice.
(b) North Fork Touchet River upstream from the confluence of Spangler Creek – closed to fishing until further notice
(c) South Fork Touchet River from mouth to Griffen Fork and above Griffen fork – closed to all fishing until further notice.
(d) Wolf Fork Touchet River from mouth to Coates Creek and Robinson Fork – closed to all fishing until further notice.
(3) Tucannon River (Columbia/Garfield Co.) From Highway 12 Bridge to Cow Camp Bridge - closed daily 2 PM to midnight until further notice
(4) Asotin Creek and tributaries (Asotin Co.) from mouth to headwaters - closed to all fishing until further notice
(5) Spokane River (Spokane/Lincoln Co.) from upstream Boundary at Plese Flats Day Use Area to Idaho State Boundary - closed daily 2 PM to midnight until further notice.
(a) Spokane River tributaries, including Little Spokane River and tributaries (Spokane/Pend Oreille/Stevens Co.) from State Route 25 Bridge upstream to Monroe Street Dam - closed daily 2 PM to midnight until further notice.
(6) Colville River and all tributaries (Stevens Co.) from mouth to headwaters - closed daily 2 PM to midnight until further notice.
(7) Kettle River and all tributaries (Ferry Co.) from Barstow Bridge to headwaters, all portions contained within the United States – closed to fishing until further notice.
(8) Sullivan Creek and all tributaries (Pend Oreille Co.) from mouth to headwaters - closed daily 2 PM to midnight until further notice.
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