WSR 20-05-035
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-26—Filed February 11, 2020, 4:15 p.m., effective February 14, 2020]
Effective Date of Rule: February 14, 2020.
Purpose: Amends recreational fishing rules for the Columbia River.
Citation of Rules Affected by this Order: Repealing WAC 220-312-06000E; 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 to close white sturgeon retention in Bonneville and The Dalles pools. At current rates it is likely that if retention is allowed in Bonneville Pool after February 13, and The Dalles Pool after February 17, that harvest guidelines will be exceeded. This measure is necessary to minimize the risk of exceeding the catch guidelines and over-harvesting the population. This action is consistent with decisions made by the states of Washington and Oregon on February 11, 2020.
This rule also carries forward existing emergency rules for the Columbia River and puts an effective end date on emergency sturgeon rules from Hwy 395 Bridge to Priest Rapids as those rules will become permanent effective March 9.
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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 11, 2020.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-06000FFreshwater exceptions to statewide rulesColumbia
Notwithstanding the provisions of WAC 220-312-060:
(1) From Bonneville Dam to The Dalles Dam including adjacent tributaries: Effective February 14 through April 30, 2020: Retention of white sturgeon is prohibited.
(2) From The Dalles Dam to John Day Dam including adjacent tributaries: Effective February 18 April 30, 2020: Retention of white sturgeon is prohibited.
(3) From McNary Dam upstream to the Hwy. 395 Bridge (Pasco/Kennewick):
(a) Effective immediately through March 31, 2020: Closed to angling for and retention of steelhead.
(b) Effective immediately through March 8, 2020: Closed to retention of white sturgeon.
(4) From the Hwy. 395 Bridge (Pasco/Kennewick) to Old Hanford townsite powerline crossing:
(a) Effective immediately through April 15, 2020: Closed to angling for and retention of steelhead.
(b) Effective immediately through March 8, 2020: Closed to retention of white sturgeon.
(5) From the Old Hanford townsite powerline crossing to boundary markers 650 feet downstream of the fish ladders Priest Rapids Dam: Effective February 1, 2020 through March 8, 2020: Closed to retention of white sturgeon.
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.
REPEALER
The following section of the Washington Administrative Code is repealed effective February 14, 2020:
WAC 220-312-06000E
Freshwater exceptions to statewide rulesColumbia (20-11)