WSR 19-20-038
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-232—Filed September 25, 2019, 12:01 p.m., effective September 26, 2019]
Effective Date of Rule: September 26, 2019.
Purpose: The purpose of this rule making is to allow nontreaty recreational fishing opportunity in the Columbia River while protecting fish listed as threatened or endangered under the Endangered Species Act (ESA). This rule making implements federal court orders governing Washington's relationship with treaty Indian tribes, federal law governing Washington's relationship with Oregon, and Washington fish and wildlife commission policy guidance for Columbia River fisheries.
Citation of Rules Affected by this Order: Repealing WAC 220-312-06000X; and amending WAC 220-312-060.
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 catch estimates were recently updated, including for coho directed fisheries, and will exceed the recreational share of upriver bright Chinook allocation. The upriver steelhead run-size is below forecast and several hatchery programs within the Snake and Clearwater basins are projecting broodstock collection shortfalls. Conservation objectives are still expected to be met. There is insufficient time to adopt permanent rules.
Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 0, Repealed 1; Federal Rules or Standards: New 1, Amended 0, Repealed 1; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 1.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 25, 2019.
Amy H. Windrope
for Kelly Susewind
Director
NEW SECTION
WAC 220-312-06000YFreshwater exceptions to statewide rules—Columbia
Notwithstanding the provisions of WAC 220-312-060, effective September 26, 2019:
(1) From Buoy 10 upstream to the Tongue Point/Rocky Point line: Effective September 26 until further notice: Release all Chinook salmon. Release steelhead through September 30.
(2) From the Tongue Point/Rocky Point line to Bonneville Dam;
(a) Effective September 26 through October 31, 2019: Closed to all salmon and steelhead.
(3) From Bonneville Dam to the Hwy. 395 Bridge (Pasco/Kennewick): Effective September 26 through December 31, 2019: Closed to all salmon and steelhead.
(4) From Hwy. 395 Bridge (Pasco/Kennewick) to the Old Hanford townsite powerline crossing; salmon; effective through October 31, 2019: Daily limit 6, up to 1 adult may be retained.
(5) From the Old Hanford townsite powerline crossing to Priest Rapids Dam; salmon; effective through October 15, 2019: Daily limit 6, up to 1 adult may be retained.
(6) 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.
(7) From the Highway 173 Bridge at Brewster upstream to the Highway 17 Bridge near Bridgeport; salmon; effective immediately 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 September 26, 2019:
WAC 220-312-06000X | Freshwater exceptions to statewide rules—Columbia (19-222) |