WSR 16-19-034
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 16-245—Filed September 13, 2016, 3:48 p.m., effective September 15, 2016]
Effective Date of Rule: September 15, 2016.
Purpose: Amends freshwater recreational fishing in the Columbia River.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-310-20000B; and amending WAC 220-310-200.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.04.055, 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: The total (hatchery and wild fish) forecast for the upper Columbia River (UCR) steelhead passage at Priest Rapids Dam this year is much less than expected. UCR steelhead are listed as threatened under the federal Endangered Species Act. Passage projections are well below broodstock and natural escapement targets. This emergency rule is needed to reduce the steelhead daily limit which will provide additional conservation measures intended to increase the number of natural spawners. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 13, 2016.
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-310-20000B Exceptions to statewide rulesColumbia River.
Notwithstanding the provisions of WAC 220-310-200:
(1) Effective September 15 through December 31, 2016, in waters from McNary Dam to Hwy. 395 Bridge at Pasco, including the Snake River Confluence Protection Area, the steelhead daily limit is reduced to one hatchery steelhead.
(2) Effective November 1 through December 31, 2016, in waters from Hwy. 395 Bridge to the Old Hanford townsite wooden powerline towers, only steelhead with both adipose fin clipped and ventral fin clipped may be retained.
REPEALER
The following section of the Washington Administrative Code is repealed effective January 1, 2017:
WAC 220-310-20000B
Exceptions to statewide rules—Columbia River.