WSR 18-13-002
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 18-119—Filed June 6, 2018, 12:09 p.m., effective June 7, 2018]
Effective Date of Rule: June 7, 2018.
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 220-312-06000K; 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 based [on] a fishery update and runsize of upriver spring Chinook passage at Bonneville Dam. 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 June 5, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 0, Repealed 1; Federal Rules or Standards: New 1, Amended 0, Repealed 1; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 1.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 6, 2018.
Joe Stohr
Director
NEW SECTION
WAC 220-312-06000KExceptions 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 June 7 through June 15, 2018
(i) Open for boat and bank fishing for Chinook, coho, or steelhead from the Rocky-Tongue Point line (Rocky Point on the Washington bank through Red Buoy 44 to the navigation light at Tongue Point) to the Bonneville Dam deadline.
(ii) Daily limit 6, no more than 2 adults.
(iii) Release all salmon and steelhead other than adipose clipped fish.
(iv) Salmon minimum length is 12 inches.
(b) Effective June 7 through June 15, 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).
(v) Daily limit 6, no more than 2 may be adults.
(ii) Release all salmon and steelhead other than adipose clipped fish.
(iii) Salmon minimum size is 12 inches.
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040. REPEALER
The following section of the Washington Administrative Code is repealed effective June 16, 2018:
| |
WAC 220-312-06000K |
Freshwater exceptions to statewide rules—Columbia River, |
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.