WSR 18-09-044 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 18-66—Filed April 12, 2018, 2:24 p.m., effective April 12, 2018, 2:24 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 220-312-06000D; 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: This action provides additional recreational angling opportunity while taking a conservative approach as more information about spring Chinook run size comes available. 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. This action conforms Washington state rules with Oregon state rules and is consistent with the compact action of April 11, 2018. There is insufficient time to promulgate 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 Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 0, Repealed 1; Federal Rules or Standards: New 1, Amended 0, Repealed 1; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 1. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 12, 2018. Joe Stohr Director
NEW SECTION
WAC 220-312-06000F Exceptions to statewide rules—Columbia River.
Notwithstanding the provisions of WAC 220-312-06000C and 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 April 14, 2018
(i) Open for boat and bank fishing for Chinook, coho, or steelhead from a true north-south line through Buoy 10 to Beacon Rock, plus bank angling only from Beacon Rock upstream to the Bonneville Dam deadline.
(ii) Legal upstream boat boundary defined as: A deadline marker on the Oregon bank (approximately four miles downstream from Bonneville Dam Powerhouse One) in a straight line through the western tip of Pierce Island to a deadline marker on the Washington bank at Beacon Rock.
(iii) Daily limit 6, no more than 2 may be adults of which no more than 1 may be an adult Chinook.
(iv) Release all salmon and steelhead other than adipose clipped fish.
(v) Salmon minimum length is 12 inches.
(b) 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.
(c) 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:
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