[Order 19-92—Filed May 1, 2019, 4:32 p.m., effective May 3, 2019]

Effective Date of Rule: May 3, 2019.

Purpose: Amends freshwater recreational rules for the Kalama River.

Citation of Rules Affected by this Order: Repealing WAC 220-312-03000M; 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: This rule is needed to open steelhead retention in the lower Kalama River. Steelhead retention was closed on the lower Kalama River in early April due to limited numbers of fish returning to hatchery facilities that are needed to meet egg production goals. During this time, hatchery facilities on the Kalama River were able to collect additional broodstock and are projected to meet egg collection goals for hatchery winter steelhead programs. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 1, 2019.

WAC 220-312-03000QFreshwater exceptions to statewide rules—Southwest.

Notwithstanding the provisions of WAC 220-312-030, effective May 3, 2019 until further notice:

1) Cispus River (Lewis Co.): Salmon: closed.

2) Cowlitz Falls Reservoir (Lake Scanewa) (Lewis Co.): Salmon: closed.

3) Cowlitz River (Cowlitz Co.): Salmon: closed.

4) Kalama River (Cowlitz Co.):

(a) From the mouth upstream to 1000 feet below the fishway at the upper salmon hatchery:

(i) Salmon and steelhead: The use of barbed hooks is permissible.

(ii) Salmon; effective immediately: Daily limit 6; no more than 1 adult may be retained. Release all salmon other than hatchery Chinook and hatchery coho.

(b) From 1000 feet above fishway at upper salmon hatchery to Summers Creek: Selective Gear Rules, except the use of barbed hooks is permissible.

(c) From Summers Creek to the intersection 6000 and 6420 Roads: fly fishing only, except the use of barbed hooks is permissible.

(d) From the intersection 6000 and 6420 Roads to 6600 Road Bridge immediately downstream of Jacks Creek: Selective Gear Rules, except the use of barbed hooks is permissible.

5) Klickitat River (Klickitat Co.):

(a) From the mouth (Burlington Northern Railroad bridge) to Fisher Hill Bridge, effective:

(i) Salmon and steelhead; effective immediately through May 24, 2019:

(A) Open Mondays, Wednesdays, and Saturdays only.

(B) Daily limit 2; no more than 1 may be an adult salmon: Release wild Chinook and wild steelhead.

(ii) Salmon; effective May 25, 2019 until further notice: Daily limit 6; no more than 1 adult may be retained: Release wild Chinook.

(b) From 400 feet upstream of #5 fishway to boundary markers below Klickitat Salmon Hatchery, effective May 25, 2019 until further notice: Salmon: Daily limit 6; no more than 1 adult may be retained: Release wild Chinook.

6) Lewis River (Clark/Cowlitz Co.): Salmon: closed.

7) Wind River (Skamania Co.):

(a) From the mouth to 400 feet downstream of Shipherd Falls fish ladder, effective immediately until further notice: Salmon and steelhead: Daily limit 6; no more than 2 hatchery steelhead, or 1 hatchery steelhead and 1 adult salmon may be retained: Release wild Chinook, wild coho, and wild steelhead.

(b) From 100 feet upstream of Shipherd Falls to 800 yards downstream of Carson National Fish Hatchery, effective immediately until further notice: Daily limit 6; no more than 2 hatchery steelhead, or 1 hatchery steelhead and 1 adult salmon may be retained.

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.

The following section of the Washington Administrative Code is repealed effective May 3, 2019:

Southwest—Freshwater exceptions to statewide rules. (19-55)