WSR 18-14-066
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 18-141—Filed June 29, 2018, 9:51 a.m., effective June 30, 2018]
Effective Date of Rule: June 30, 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. 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 220-312-06000F, 220-312-06000H and 220-312-06000I; 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 recreational angling opportunity based on a runsize upgrade of sockeye passage at Bonneville Dam. Summer Chinook is tracking below the preseason forecast, and as a result much of the allocation sharing will likely shift upstream to above Priest Rapids Dam, thus retention below Bonneville Dam is closed. 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 28, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 0, Repealed 3; Federal Rules or Standards: New 1, Amended 0, Repealed 3; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 3.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 3.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 29, 2018.
Joe Stohr
Director
NEW SECTION
WAC 220-312-06000LExceptions 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) From the Megler-Astoria Bridge upstream to Bonneville Dam
(i) Effective July 1 through July 31, 2018
(ii) Daily limit 6, no more than 2 adults.
(iii) Release all salmon other than hatchery jack Chinook and sockeye.
(iv) Salmon minimum length is 12 inches.
(b) From Bonneville Dam to the HWY 395 Bridge at Pasco
(i) Effective July 1 through July 31, 2018
(ii) Daily limit 6, no more than 2 adults.
(iii) Release all salmon other than hatchery Chinook and sockeye.
(iv) Salmon minimum length is 12 inches.
(c) From HWY 395 Bridge at Pasco to Priest Rapids Dam
(i) Effective July 1 until further notice
(ii) Daily limit 6, no more than 2 adults, no more than 1 adult hatchery Chinook.
(iii) Release all salmon other than hatchery Chinook and sockeye.
(iv) Salmon minimum length is 12 inches.
(d) Priest Rapids Dam to Wells Dam
(i) Effective July 1 until further notice
(ii) Daily limit 6, no more than 4 adults, no more than 2 adult hatchery Chinook and 2 sockeye.
(iii) Release all salmon other than hatchery Chinook and sockeye.
(iv) Salmon minimum length is 12 inches.
(e) Wells Dam to HWY 173 at Brewster.
(i) Effective July 16 until further notice
(ii) Daily limit 6, no more than 4 adults, no more than 2 adult hatchery Chinook and 2 sockeye.
(iii) Release all salmon other than hatchery Chinook and sockeye.
(iv) Salmon minimum length is 12 inches.
(f) HWY 173 Bridge at Brewster to Chief Joseph Dam
(i) Effective July 1 until further notice
(ii) Daily limit 6, no more than 4 adults, no more than 2 adult hatchery Chinook and 2 sockeye.
(iii) Release all salmon other than hatchery Chinook and sockeye.
(iv) Salmon minimum length is 12 inches.
REPEALER
The following sections of the Washington Administrative Code are repealed effective July 1, 2018:
| |
WAC 220-312-06000F |
Freshwater exceptions to statewide rules—Columbia River. (18-66) |
WAC 220-312-06000H |
Freshwater exceptions to statewide rules—Columbia River. (18-106) |
WAC 220-312-06000I |
Freshwater exceptions to statewide rules—Columbia River. (18-110) |