WSR 18-21-094
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 18-293—Filed October 15, 2018, 4:27 p.m., effective October 16, 2018]
Effective Date of Rule: October 16, 2018.
Purpose: Amend recreational fishing rules for the Naselle River.
Citation of Rules Affected by this Order: Repealing WAC 220-312-02000H; and amending 220-312-020.
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: Fall Chinook returns to tributaries of Willapa Bay have been significantly lower than preseason predictions. Retention of Chinook is prohibited in all fisheries prosecuted in the Willapa Bay watershed as a conservation measure in order to focus harvest opportunity on coho and chum. In-season estimates for coho stock abundance are consistent with preseason expectation and chum encounters are tracking near preseason expectations. This emergency rule is necessary to open Naselle River for recreational coho and chum harvest. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 15, 2018.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-02000IFreshwater exceptions to statewide rulesCoast.
Notwithstanding the provisions of WAC 220-312-020,effective October 16, 2018 until further notice the following rules apply. Unless otherwise amended, all permanent rules remain in effect:
(1) Bear River (Pacific Co.): From mouth (Hwy. 101 Bridge) to Lime Quarry Rd: Salmon daily limit is 6, no more than 2 adults may be retained, up to 1 adult may be a wild coho. Release Chinook.
(2) Fork Creek (Pacific Co.): From Forks Creek hatchery rack to 500' upstream to the fishing boundary sign: Salmon daily limit is 6, up to 2 adults may be retained, and no more than 1 adult may be a wild coho. Release Chinook.
(3) Naselle River (Pacific Co.):
(a) From the Hwy. 101 Bridge to 300' below the upstream entrance of the Naselle Hatchery Attraction Channel: Salmon daily limit is 6, up to 2 adults may be retained, and no more than 1 adult may be a wild coho. Release Chinook.
(b) From the upstream entrance of the Naselle Hatchery Attraction Channel to 400' downstream of the falls in Sec. 6 T10N R8W: Salmon daily limit is 6, up to 2 adults may be retained, and no more than 1 adult may be a wild coho. Release Chinook.
(c) From the falls in Sec. 6 T10N R8W to the Crown Mainline (Salme) Bridge: Salmon daily limit is 6, up to 2 adults may be retained, and no more than 1 adult may be a wild coho. Release Chinook.
(4) Nemah River, Middle (Pacific Co.): From mouth to the DNR bridge on Middle Nemah A-Line Rd.: Salmon daily limit is 6, up to 2 adults may be retained, and no more than 1 adult may be a wild coho. Release Chinook.
(5) Nemah River, North (Pacific Co.):
(a) From Hwy. 101 Bridge to the temporary weir (approximately 210' upstream of the Nemah Hatchery Bridge: Salmon daily limit is 6, up to 2 adults may be retained, and no more than 1 adult may be a wild coho. Release Chinook.
(b) From Nemah Hatchery barrier dam to N700 Rd. (46°28.58N, 123°48.54W): Salmon daily limit is 6, up to 2 adults may be retained, and no more than 1 adult may be a wild coho. Release Chinook.
(6) Nemah River, South (Pacific Co.): Salmon daily limit is 6, up to 2 adults may be retained, and no more than 1 adult may be a wild coho. Release Chinook.
(7) North River (Grays Harbor/Pacific Co.): from the Hwy. 105 Bridge to Fall River: Salmon daily limit is 6, up to 2 adults may be retained, and no more than 1 adult may be a wild coho. Release Chinook.
(8) Smith Creek (Pacific Co.): from mouth to Hwy. 101 Bridge: Salmon daily limit is 6, up to 2 adults may be retained, and no more than 1 adult may be a wild coho. Release Chinook.
(8) Willapa River (Pacific Co.): From mouth to Hwy. 6 Bridge (near town of Lebam): Salmon daily limit is 6, up to 2 adults may be retained, and no more than 1 adult may be a wild coho. Release Chinook.
(9) Willapa River, South Fork (Pacific Co.):
(a) From mouth to 400' downstream of falls/fish ladder in Sec. 6 T13N R8W: Salmon daily limit is 6, up to 2 adults may be retained, and no more than 1 adult may be a wild coho. Release Chinook.
(b) From falls/fish ladder in Sec. 6 T13 R8W to Pehl Rd. Bridge: Salmon daily limit is 6, up to 2 adults may be retained, and no more than 1 adult may be a wild coho. Release Chinook.
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 October 16, 2018:
WAC 220-312-02000H
Freshwater exceptions to statewide rulesCoast.