WSR 18-09-010 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 18-56—Filed April 6, 2018, 4:35 p.m., effective April 6, 2018, 4:35 p.m.] Effective Date of Rule: Immediately upon filing. 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 Rules Affected by this Order: Repealing WAC 220-312-06000Z; and amending WAC 220-312-060. 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: Sets the 2018 spring recreational salmon season in the Columbia River in the area from Buoy 10 upstream to the Oregon/Washington border, and hatchery raised steelhead from Buoy 10 to the 395 bridge. The regulation allows for the retention of shad and hatchery steelhead during days and in areas that are open for hatchery Chinook. ESA impacts for wild fish are available to recreational fisheries in order to access hatchery fish. The fishery is consistent with the U.S. v. Oregon Management Agreement and the associated biological opinion. Conforms Washington state rules with Oregon state rules. Regulation is consistent with compact action of February 21, 2018. Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 0, Repealed 1; Federal Rules or Standards: New 1, Amended 0, Repealed 1; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 1. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 6, 2018. James B. Scott, Jr. for Joe Stohr
Director
NEW SECTION
WAC 220-312-06000D Exceptions to statewide rules—Columbia River.
Notwithstanding the provisions of WAC 220-312-060, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:
(1) Salmon and Steelhead:
(a) Effective immediately through May 7, 2018:
(i) Open to fishing for Chinook, coho, or steelhead from the Tower Island power lines in Bonneville Pool (located approximately 6 miles below The Dalles Dam) upstream to the Oregon and Washington border, plus the Washington bank between Bonneville Dam and the Tower Island power lines (except for those waters closed under permanent regulations).
(ii) Daily limit is 6, no more than 2 may be adults of which no more than 1 may be an adult Chinook.
(iii) Release all salmon and steelhead other than adipose clipped fish.
(iv) Salmon minimum size is 12 inches.
(b) Effective immediately through May 15, 2018:
(i) On days and in areas open to fishing for adipose clipped spring Chinook, fishing for adipose fin clipped steelhead from Buoy 10 upstream to the Highway 395 bridge and shad from Buoy 10 to Bonneville Dam (except for those waters closed under permanent regulations) is allowed.
REPEALER
The following section of the Washington Administrative code is repealed effective April 8, 2018:
| ||||