[Order 19-241—Filed September 26, 2019, 3:08 p.m.]

Effective Date of Rule: September 29, 2019.

Purpose: Amend recreational salmon fishing rules for the Snake River.

Citation of Rules Affected by this Order: Repealing WAC 220-312-05000P; and 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 emergency rule is needed to close salmon and steelhead seasons in areas of the Snake River.

The 2019 Columbia River forecasted return for upriver steelhead was 118,200 (110,200 Group A and 8,000 Group B). The U.S. vs. OR Technical Advisory Committee (TAC) met on Monday, September 23, 2019, to review and discuss information relative to the upriver A-/B-Index summer steelhead return and the upriver fall Chinook return.

TAC has downgraded the 2019 expected aggregate A-/B-Index return to 69,200 fish based on Bonneville Dam passage to date and recent ten-year average passage timing; the passage expectation includes 34,300 unclipped natural- and hatchery-origin fish. TAC expects 64,700 of these fish to be A-Index (32,600 unclipped) and 4,500 to be B-Index (1,700 unclipped).

A significant downgrade in B-Index steelhead requires additional protection of returning hatchery- and natural-origin fish. The fall Chinook return is large enough to continue to allow some harvest opportunities within the Snake River fisheries, while providing protection of B-Index steelhead.

Based on the new B-Index steelhead forecast Washington fishery managers are closing the steelhead fishery below Couse Creek Boat Ramp October 1 to protect B-Index steelhead. The Washington department of fish and wildlife (WDFW) feels it is necessary to also limit impacts to B-Index steelhead from our fall Chinook fisheries. These changes will help to ensure that sufficient numbers of both wild and hatchery B-Index fish return to their natal tributaries and hatcheries of origin in Idaho. WDFW will continue to monitor the steelhead return.

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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: September 26, 2019.

WAC 220-312-05000QFreshwater exceptions to statewide rules—Eastside.

Notwithstanding the provisions of WAC 220-312-050, effective September, 2019:

(1) Grande Ronde River (Asotin County): from the mouth to the Washington/Oregon boundary: Effective immediately until further notice: Steelhead daily limit is 1 hatchery steelhead, anglers must stop fishing for steelhead after their daily limit has been retained.

(2) Snake River (Franklin/Walla Wall Counties):

(a) From the mouth (Burbank-to-Pasco railroad bridge at river mile 1.25) to the red river marker (Marker 28) on the south shore of the Snake River: Steelhead, effective immediately through December 31, 2019: Closed to fishing for and retaining.

(b) From the red river marker (Marker 28) on the south shore of the Snake River to the Highway 261 Bridge (about 1.4 miles):

(i) Hooks must be barbless when fishing for salmon or steelhead.

(ii) Anglers may not continue to fish for salmon after the adult salmon daily limit or steelhead daily limit has been retained.

(iii) Steelhead, effective immediately through December 31, 2019: Closed to fishing and retaining.

(iv) Salmon, effective immediately through October 31:Daily limit 6 hatchery adult Chinook, no daily limit for any jack Chinook; release all other salmon.

(c)The Highway 261 Bridge to Lower Granite Dam:Steelhead, effective through December 31, 2019: Closed to fishing for and retaining.

(d) From Lower Granite Dam to the downstream edge of the large power lines crossing the Snake River (just upstream from West Evans Road on the south shore): Steelhead, effective through December 31, 2019: Closed to fishing for and retaining.

(e) From the downstream edge of the large power lines crossing the Snake River (just upstream from West Evans Road on the south shore) upstream to Couse Creek Boat Ramp:

(i) Hooks must be barbless when fishing for salmon or steelhead.

(ii) Anglers may not continue to fish for salmon after the adult salmon daily limit or steelhead daily limit has been retained.

(iii) Steelhead, effective through December 31, 2019: Closed to fishing for and retaining.

(iv) Salmon, effective immediately through October 13, 2019:Daily limit 6 adult Chinook of which up to 1 may be wild; no daily limit for any jack Chinook; release all other salmon.

(f) From Couse Creek Boat Ramp to ID/OR border:

(i) Hooks must be barbless when fishing for salmon or steelhead.

(ii) Anglers may not continue to fish for salmon or steelhead after the adult salmon daily limit or steelhead daily limit has been retained.

(iii) Steelhead, effective immediately through December 31, 2019:Daily limit 1 hatchery steelhead.

(iv) Salmon, effective immediately through October 31, 2019:Daily limit 6 adult Chinook, of which up to 1 may be wild, no daily limit for any jack Chinook. Release all other salmon.

(3) Touchet River (Walla Walla County): from mouth to the confluence of North and South Forks: Effective immediately until further notice: Steelhead daily limit is 1 hatchery steelhead, anglers must stop fishing for steelhead once their daily limit has been retained.

(4) Tucannon River (Columbia/Garfield Counties): from mouth to the Tucannon Hatchery Road Bridge: Effective immediately until further notice: Steelhead daily limit is 1 hatchery steelhead, anglers must stop fishing for steelhead once their daily limit has been retained.

(5) Walla Walla River (Walla Walla County): from mouth to the Washington/Oregon border: Effective immediately until further notice: Steelhead daily limit is 1 hatchery steelhead, anglers must stop fishing for steelhead once their daily limit has been 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 September 29, 2019:

Freshwater exceptions to statewide rules—Eastside. (19-206)