WSR 19-16-033
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-170—Filed July 29, 2019, 8:12 a.m., effective August 1, 2019]
Effective Date of Rule: August 1, 2019.
Purpose: Amend recreational salmon and steelhead rules for the Columbia River.
Citation of Rules Affected by this Order: Repealing WAC 220-312-06000S; and amending WAC 220-312-060.
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 in order to have reciprocal rules with Oregon where the Columbia River shares a common border by allowing jack salmon retention in the portion of the river between the Rocky Point/Tongue Point line and West Puget Island.
The department is in the process of adopting permanent rules that are necessary to implement the state's share of the fishing plans agreed to with resource comanagers at the 2019 North of Falcon proceedings. These emergency rules are necessary to take advantage of the state's fishing opportunity that is imminent and will be available prior to the permanent rule, in a manner consistent with comanager agreed fisheries.
The reason[s] for the emergency rules are to meet conservation objectives and because the current 2018 permanent rule is inconsistent with the agreed 2019 North of Falcon fishery sharing package.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 26, 2019.
Nate Pamplin
for Kelly Susewind
Director
NEW SECTION
WAC 220-312-06000TFreshwater exceptions to statewide rulesColumbia
Notwithstanding the provisions of WAC 220-312-060, effective August 1, 2019:
(1) From Buoy 10 upstream to Megler-Astoria Bridge; salmon and steelhead; effective August 1 through August 13:
(a) Night closure.
(b) Daily limit 2.
(c) No more than 1 Chinook may be retained.
(d) Release all salmon and steelhead except Chinook and hatchery coho.
(2) From Megler-Astoria Bridge to a projected line from Rocky Point on the Washington bank through Red Buoy 44 to the navigation light at Tongue Point on the Oregon Bank; salmon and steelhead; effective August 1 through August 13, 2019:
(a) Night closure.
(b) Daily limit 2.
(c) No more than 1 Chinook may be retained.
(d) Release all salmon and steelhead except Chinook and hatchery coho.
(3) From a projected line from Rocky Point on the Washington bank through Red Buoy 44 to the navigation light at Tongue Point on the Oregon Bank upstream to a line at the west end of Puget Island projected from green navigation marker 39 on the Washington bank to green navigation marker 41 then to red navigation marker 42 and terminating at red navigation marker 44A on the Oregon bank; salmon and steelhead; effective August 1 through August 20, 2019:
(a) Night closure.
(b) Daily limit 6.
(c) Up to 1 adult salmon may be retained.
(d) Release all salmon and steelhead except Chinook and hatchery coho.
(4) From a line at the west end of Puget Island projected from green navigation marker 39 on the Washington bank to green navigation marker 41 then to red navigation marker 42 and terminating at red navigation marker 44A on the Oregon bank to the Hood River Bridge; salmon and steelhead; effective August 1 through August 13:
(a) Night closure.
(b) Daily limit 6.
(c) Up to 1 adult salmon may be retained.
(d) Release all salmon and steelhead except Chinook and hatchery coho.
(5) From Hood River Bridge to John Day Dam; salmon and steelhead; effective August 1 through August 13:
(a) Night closure.
(b) Daily limit 6.
(c) Up to 1 adult salmon may be retained.
(d) Release all salmon and steelhead except Chinook and coho.
(6) From John Day Dam upstream to Hwy 395 at Pasco, WA; salmon and steelhead; effective August 1 through August 13:
(a) Night closure.
(b) Daily limit 6.
(c) Up to 1 adult salmon may be retained.
(d) Release all salmon and wild steelhead except Chinook and coho.
(7) From Hwy 395 Bridge at Pasco, WA upstream to Priest Rapids Dam: Salmon and steelhead closed immediately through August 15.
(8) From the upstream line of Rocky Reach Dam to the boundary markers 400' below the spawning channel discharges (on Chelan County side) and the fish ladder (on Douglas County side) at Wells Dam; salmon; effective immediately through October 15, 2019:
(a) Daily limit 6.
(b) No more than 2 adult Chinook may be retained.
(c) Release wild adult Chinook, sockeye, and coho.
(d) Anglers who possess a valid two-pole endorsement may fish for salmon with two lines.
(9) From the Highway 173 Bridge at Brewster upstream to the Highway 17 Bridge near Bridgeport; salmon; effective August 1, 2019 until further notice:
(a) Daily limit 6.
(b) No more than 2 adult Chinook may be retained.
(c) Release wild adult Chinook, sockeye, and coho.
(d) Anglers who possess a valid two-pole endorsement may fish for salmon with two lines.
REPEALER
The following section of the Washington Administrative Code is repealed effective August 1, 2019:
WAC 220-312-06000S
Freshwater exceptions to statewide rulesColumbia (19-161)