WSR 18-16-002
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 18-166—Filed July 19, 2018, 10:27 a.m., effective July 19, 2018, 10:27 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amends recreational fishing rules for the Klickitat River.
Citation of Rules Affected by this Order: Repealing WAC 220-312-03000U and 220-312-03000A; and amending WAC 220-312-030.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.12.045, 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: Fishery comanagers have indicated that the majority of the spring Chinook run has passed above Lyle Falls into the upper river, making continued closure of the hatchery Chinook fishery in the lower river unnecessary. Retention of hatchery spring Chinook remains closed above Fisher Hill Bridge to allow hatchery Chinook migrating through this area to return to Klickitat Salmon Hatchery for broodstock needs and to help ensure future hatchery returns. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 19, 2018.
Joe Stohr
Director
NEW SECTION
WAC 220-312-03000AFreshwater exceptions to statewide rules—Southwest.
Notwithstanding the provisions of WAC 220-312-030, effective immediately through July 31, 2018, it is unlawful to retain hatchery adult Chinook in the waters of the Klickitat River from 400 feet upstream of #5 fishway to the boundary markers below Klickitat Salmon Hatchery. Unless otherwise amended, all permanent rules remain in effect.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 220-312-03000U
Freshwater exceptions to statewide rulesSouthwest. (18-122)
The following section of the Washington Administrative Code is repealed effective August 1, 2018:
WAC 220-312-03000A
Freshwater exceptions to statewide rulesSouthwest.