WSR 19-11-019
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-96—Filed May 6, 2019, 4:37 p.m., effective May 11, 2019]
Effective Date of Rule: May 11, 2018 [2019].
Purpose: Amends recreational fishing rules for the Snake River.
Citation of Rules Affected by this Order: Amending WAC 220-312-050.
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 necessary to open a recreational salmon fishery on the Snake River. The 2019 Columbia River forecasted return of upriver spring Chinook salmon is sufficiently abundant enough to allow for angling opportunity on the Snake River based on Washington Department of Fish and Wildlife Commission Policy C-3620. The U.S. v. Oregon (2018-2027) Management Agreement provides Endangered Species Act coverage for this fishery. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 6, 2019.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-05000GFreshwater exceptions to statewide rules—Snake River.
Notwithstanding the provisions of WAC 220-312-050 and WAC 220-313-010:
(1) Snake River from Texas Rapids boat launch (south side of the river upstream of the mouth of Tucannon River) to the fishing restriction boundary below Little Goose Dam. This zone includes the rock and concrete area between the juvenile bypass return pipe and Little Goose Dam along the south shoreline of the facility (includes the walkway area locally known as "the Wall" in front of the juvenile collection facility); effective May 11, 2019 until further notice:
(a) Hooks must be barbless when fishing for all species during times and in locations open for salmon.
(b) Salmon:
(i) Open Saturdays and Sundays each week.
(ii) Daily limit 4 of which up to 1 may be an adult; minimum length 12 inches.
(iii) Release all salmon other than hatchery Chinook.
(iv) Anglers may not continue to fish for salmon or steelhead once the adult salmon daily limit has been retained.
(v) Night closure.
(2) Snake River, from the downstream edge of the large power lines crossing the Snake River (just upstream from the West Evans Road on the south shore) upstream about 3.5 miles to the Washington state line (from the east levee of the Greenbelt boat launch in Clarkston northwest across the Snake River to the WA/ID boundary waters marker on the Whitman County shore); effective May 11, 2019 until further notice:
(a) Hooks must be barbless when fishing for all species during times and in locations open for salmon.
(b) Salmon:
(i) Open Saturdays and Sundays each week.
(ii) Daily limit 4; minimum length 12 inches.
(iii) Release all salmon other than hatchery Chinook.
(iv) Anglers may not continue to fish for salmon or steelhead once the adult salmon daily limit has been retained.
(v) Night closure.
Reviser's note: The unnecessary underscoring 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.