WSR 19-16-044
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-168—Filed July 29, 2019, 3:55 p.m., effective August 1, 2019]
Effective Date of Rule: August 1, 2019.
Purpose: Amend recreational salmon fishing rules for the Cowlitz Falls Reservoir, as well as Cowlitz, Cispus, Kalama, and Klickitat rivers.
Citation of Rules Affected by this Order: Repealing WAC 220-312-03000X; and amending WAC 220-312-030.
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 salmon seasons for Cowlitz, Cispus, Klickitat, Kalama, Lewis rivers, as well as Cowlitz Falls Reservoir.
All but the Lewis River and North Fork Toutle River will open under permanent rules as listed in the 2019/2020 Washington sport fishing regulations pamphlet.
Salmon fishing on the Lewis has been closed as a spring Chinook conservation measure as the Lewis River Hatchery is not expected to meet broodstock goals. At this time, spring Chinook have moved into the upper sections of the Lewis River allowing Washington department of fish and wildlife to open the lower river for fall Chinook harvest opportunity. Spring Chinook conservation measures remain in place upstream of Johnson Creek to achieve conservation objectives by maximizing the number of hatchery fish available for broodstock.
Coho and fall Chinook salmon returning to the North Toutle Hatchery, located on the Green River, must first migrate through the North Fork Toutle River. The 2019 coho salmon run to the North Fork Toutle Hatchery is forecast to be large, allowing for an increase in the adult daily limit. The fall Chinook forecast is too low to support a fishery in this area. Implementing this conservation measure for fall Chinook will maximize the number of hatchery fish available for broodstock and help ensure fishing opportunities in future years. These regulation changes will also align regulations in the North Fork Toutle River with regulations already in place for the Toutle and Green rivers.
For the other waters listed, spring Chinook conservation objectives have been met and emergency closures are no longer needed. 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: July 29, 2019.
Amy Windrope
for Kelly Susewind
Director
NEW SECTION
WAC 220-312-03000YFreshwater exceptions to statewide rules—Southwest.
Notwithstanding the provisions of WAC 220-312-030:
(1) Lewis River (Clark/Cowlitz Co.):
(a) From the mouth to the mouth of the East Fork Lewis River, effective August 1 through August 12:
(i) Night Closure for salmon and steelhead fishing.
(ii) Salmon:
(A) Daily limit 6; up to 4 may be adults, of which 2 may be Chinook.
(B) Release all salmon other than hatchery Chinook and hatchery coho.
(iii) Release all steelhead.
(b) From the mouth of the East Fork Lewis River to Johnson Creek, effective August 1 through August 12: Salmon:
(i) Daily limit 6; up to 4 may be adults, of which 2 may be Chinook.
(ii) Release all salmon other than hatchery Chinook and hatchery coho.
(c) From Johnson Creek to the overhead power lines below Merwin Dam, effective August 1, 2019 until further notice: Salmon:
(i) Daily limit 6; up to 4 may be adults.
(ii) Release all salmon other than hatchery coho.
(2) Toutle River, North Fork (Cowlitz Co.), from the mouth (confluence with South Fork) to posted markers downstream of the fish collection facility; salmon, effective August 1 until further notice:
(a) Daily limit 6; up to 4 may be adults.
(b) Release all salmon other than hatchery coho.
REPEALER
The following section of the Washington Administrative Code is repealed effective August 1, 2019:
WAC 220-312-03000X | Southwest—Freshwater exceptions to statewide rules. (19-154) |