WSR 20-07-037
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-45—Filed March 9, 2020, 4:36 p.m., effective March 10, 2020, 11:59 p.m.]
Effective Date of Rule: March 10, 2020, 11:59 p.m.
Purpose: Amends recreational fishing rules for the Columbia River.
Citation of Rules Affected by this Order: Repealing WAC 220-312-06000H; 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 John Day Pool. Unexpectedly high catch rates over the past weekend have caused us to surpass the harvest guideline and risks overharvesting the population. Twenty-four hours' notice is needed to inform anglers of the closure. This action is consistent with decisions made by the states of Washington and Oregon on March 9, 2020.
This rule also carries forward existing emergency rules previously placed on the Columbia River. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 9, 2020.
Amy H. Windrope
for Kelly Susewind
Director
NEW SECTION
WAC 220-312-06000IFreshwater exceptions to statewide rulesColumbia
Notwithstanding the provisions of WAC 220-312-060:
(1) From a true north-south line through Buoy 10, upstream to a line from the Warrior Rock lighthouse on the Oregon shore to red USCG buoy #4, then to the piling dolphin on the lower end of Bachelor Island (Warrior Rock line): Salmon and steelhead: Effective immediately until further notice: Closed.
(2) From a line from the Warrior Rock lighthouse on the Oregon shore to red USCG buoy #4, then to the piling dolphin on the lower end of Bachelor Island (Warrior Rock line) to A deadline marker on the Oregon bank (approximately four miles downstream from Bonneville Dam Powerhouse One) in a straight line through the western tip of Pierce Island to a deadline marker on the Washington bank at Beacon Rock:
a. Salmon and steelhead:
i. Effective immediately through March 31, 2020: Daily limit is 6, no more than 2 adults may be retained of which no more than 1 may be an adult Chinook. Release all wild Chinook and wild coho.
ii. Effective April 1 until further notice:
A. Open Thursday through Saturday each week: Daily limit is 6, no more than 2 adults may be retained of which no more than 1 may be an adult Chinook. Release all wild Chinook and wild coho.
B. Closed Sunday through Wednesday each week.
b. Shad: Effective April 1, 2020 until further notice:
i. No minimum size. No daily limit.
ii. Open days when salmon and steelhead are open.
(3) From a deadline marker on the Oregon bank (approximately four miles downstream from Bonneville Dam Powerhouse One) in a straight line through the western tip of Pierce Island to a deadline marker on the Washington bank at Beacon Rock to Bonneville Dam:
a. Effective immediately until further notice: Closed to angling from a floating device or by any method except hand-cast lines from shore.
b. Salmon and steelhead:
i. Effective immediately through March 31, 2020: Daily limit is 6, no more than 2 adults may be retained of which no more than 1 may be an adult Chinook. Release all wild Chinook and wild coho.
ii. Effective April 2 until further notice:
A. Open Thursday through Saturday each week: Daily limit is 6, no more than 2 adults may be retained of which no more than 1 may be an adult Chinook. Release all wild Chinook and wild coho.
B. Closed Sunday through Wednesday each week.
c. Shad: Effective April 1, 2020 until further notice:
i. No minimum size. No daily limit.
ii. Open days when salmon and steelhead are open.
(4) From Bonneville Dam to John Day Dam:
a. Salmon and steelhead: Effective April 1 through May 5, 2020: Daily limit is 6, no more than 2 adults may be retained of which no more than 1 may be an adult Chinook. Release all wild Chinook and wild coho.
b. Sturgeon: Effective immediately through April 30, 2020: Retention is prohibited.
(5) Adjacent tributaries From Bonneville Dam to McNary Dam: Sturgeon: Effective immediately through April 30, 2020: Retention is prohibited.
(6) From John Day Dam to McNary Dam:
a. Salmon and steelhead: Effective April 1 through May 5, 2020: Daily limit is 6, no more than 2 adults may be retained of which no more than 1 may be an adult Chinook. Release all wild Chinook and wild coho.
b. Sturgeon: Effective 11:59 PM March 10 through April 30, 2020: Retention is prohibited.
(7) From McNary Dam upstream to Hwy. 730 at the Washington/Oregon border:
a. Steelhead: Effective immediately through March 31, 2020: Closed to angling for and retention of steelhead.
b. Salmon and steelhead: Effective April 1 through May 5, 2020: Daily limit is 6, no more than 2 adults may be retained of which no more than 1 may be an adult Chinook. Release all wild Chinook and wild coho.
(8) From the Washington/Oregon border to the Hwy. 395 Bridge (Pasco/Kennewick): Steelhead: Effective immediately through March 31, 2020: Closed to angling for and retention of steelhead.
(9) From the Hwy. 395 Bridge (Pasco/Kennewick) to Old Hanford townsite powerline crossing: Steelhead: Effective immediately through April 15, 2020: Closed to angling for and retention of steelhead.
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER
The following section of the Washington Administrative Code is repealed effective March 11, 2020:
WAC 220-312-06000H
Freshwater exceptions to statewide rulesColumbia (20-36)