[Order 20-71—Filed May 4, 2020, 12:38 p.m., effective May 5, 2020]

Effective Date of Rule: May 5, 2020.

Purpose: This emergency rule is needed to open spring Chinook seasons in areas of the Snake River, effective May 5, 2020.

Citation of Rules Affected by this Order: 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: The 2020 Columbia River forecasted return of upriver spring Chinook salmon is sufficiently abundant to allow for harvest opportunity on the Snake River based on WDFW Commission Policy C-3620. The U.S. v. Oregon (2018-2027) Management Agreement provides endangered species act coverage for this fishery.

This fishery is being opened pursuant to the Governor's Proclamation amendment 20-25.2, issued April 27, 2020, indicating that recreational activities including fishing may resume, when and where permitted beginning May 5, 2020.

The governor's proclamation amendment also includes requirements to exclude gatherings with people who are not members of the same household and maintain social distancing for the continued protection of public health and safety. These fishery openings considered that requirement as a basis for the decision to reopen fisheries, but do not incorporate those social distance elements within the regulations themselves. While not imposed in WDFW's fishery rules, they are and remain, a requirement of the governor's proclamation. Failure to abide by those social distance requirements could result in increased health risks requiring future fishery closures.

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.

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: May 4, 2020.

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

Notwithstanding the provisions of WAC 220-312-050, effective May 5, 2020 until further notice, or until they expire pursuant to RCW 34.05.350:

Snake River (Franklin/Walla Wall Counties):

(a) From Texas Rapids boat launch (south side of the river upstream of the mouth of Tucannon River) to the fishing restriction boundary below Little Goose Dam:

Salmon:

(i) Open: Tuesdays and Fridays beginning May 5, 2020 until further notice:

(ii) Daily limit 4, up to 1 adult may be retained. Release all salmon other than hatchery Chinook.

(iii) Night Closure.

(iv) Barbless hooks required.

(b) 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 the Washington state line (from the east levee of the Greenbelt boat launch in Clarkston northwest across the Snake River to the WA/ID boundary waters marker on the Whitman County shore):

Salmon:

(i) Open: Wednesdays and Saturdays beginning May 6, 2020 until further notice:

(ii) Daily limit 4, up to 1 adult may be retained. Release all salmon other than hatchery Chinook.

(iii) Night Closure.

(iv) Barbless hooks required.

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.