[Order 20-79—Filed May 14, 2020, 10:49 a.m., effective May 15, 2020]

Effective Date of Rule: May 15, 2020.

Purpose: This rule is needed to open additional salmon and steelhead seasons in the Columbia River consistent with the compact action on May 1 and May 13, 2020. Washington closed fisheries statewide beginning March 25 to help combat the spread of COVID-19 in the state. Governor Jay Inslee relaxed restrictions on fishing beginning May 5.

Citation of Rules Affected by this Order: Repealing WAC 220-312-06000J; 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 open additional recreational salmon fishing opportunities in the Columbia River.

Washington closed fisheries statewide beginning March 25 to help combat the spread of COVID-19 in the state. This rule is 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 Washington department of fish and wildlife'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.

These Columbia River fisheries were set within allowable catch levels for upriver spring Chinook and to maximize returns to hatcheries on the Cowlitz and Lewis rivers. Managers will monitor the fisheries and dam counts and adjust as necessary. This rule also allows for a sockeye retention season in conjunction with the steelhead fishery in the lower river opening under permanent rules. This action is consistent with agreements reached in April during the North of Falcon season-setting process.

This rule is consistent with the compact actions taken on May 1 and May 13, 2020. 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: May 14, 2020.

WAC 220-312-06000KFreshwater exceptions to statewide rules—Columbia

Effective May 15 and until further notice provisions of WAC 220-312-060 regarding Columbia River salmon, steelhead and shad seasons are modified as described below. All other provisions of WAC 220-312-060 not addressed herein remain in effect.

(1) From a line projected from Rocky Point on the Washington bank through Red Buoy 44 to red navigation marker 2 at Tongue Point on the Oregon Bank to the I-5 Bridge:

Salmon and steelhead: Effective May 16 through June 15, 2020: Daily limit is 6, up to 2 adult salmon, 2 steelhead, or 1 adult salmon and 1 steelhead may be retained. Release all salmon other than sockeye and hatchery jack Chinook.

(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: Effective May 15, 16, 17, and 20, 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 salmon other than hatchery Chinook and sockeye.

b. Shad: Effective for the day of May 15, 2020: No minimum size. No daily limit.

(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, or until this expires on August 29, 2020: Closed to angling from a floating device or by any method except hand-cast lines from shore.

b. Salmon and steelhead: Effective May 15, 16, 17, and 20, 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 salmon other than hatchery Chinook and sockeye.

c. Shad: Effective for the day of May 15, 2020: No minimum size. No daily limit.

(4) From Bonneville Dam to John Day Dam:

Salmon and steelhead: Effective May 15, 16, 17, and 20, 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 salmon other than hatchery Chinook.

(5) From John Day Dam to McNary Dam:

(6) From McNary Dam upstream to Hwy. 730 at the Washington/Oregon border:

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 May 15, 2020:

Freshwater exceptions to statewide rules—Columbia (20-69)