WSR 20-13-001
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-92—Filed June 3, 2020, 4:53 p.m., effective June 5, 2020]
Effective Date of Rule: June 5, 2020.
Purpose: This rule is needed to open spring Chinook seasons in two areas of the Icicle River; from the closure signs located 800 feet upstream of the mouth to 500 feet downstream of the Leavenworth National Fish Hatchery Barrier Dam, and from the shoreline markers where Cyo Road intersects the Icicle River at the Sleeping Lady Resort to the Icicle Peshastin Irrigation Footbridge.
Citation of Rules Affected by this Order: Repealing WAC 220-312-05000B; and amending WAC 220-312-050.
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: 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 (WDFW) 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.
Sufficient returns of Icicle River hatchery spring Chinook are expected to meet broodstock needs at the Leavenworth National Fish Hatchery and also to provide for sport angler harvest. It is projected that up to one thousand spring Chinook will be available for nontreaty harvest. This fishery will be actively monitored and could close at any time if the nontreaty harvest share is met or if additional hatchery broodstock are needed. 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: June 3, 2020.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-05000BFreshwater exceptions to statewide rules—Eastside.
Effective June 5 through June 30, 2020, or until further notice, provisions of WAC 220-312-050 regarding salmon seasons for the Icicle River shall be as described below. All other provisions of WAC 220-312-050 not addressed herein, or unless otherwise amended remain in effect:
Icicle River:
(a) From the closure signs located 800 feet upstream of the mouth to 500 feet downstream of the Leavenworth National Fish Hatchery Barrier Dam is closed to all species, except open for salmon fishing:
(i) Daily limit 1, minimum length 12 inches. Release all salmon other than hatchery Chinook.
(ii) Mandatory retention of hatchery Chinook over 12" in length.
(iii) Night closure.
(b) From the shoreline markers where Cyo Road intersects the Icicle River at the Sleeping Lady Resort to the Icicle Peshastin Irrigation Footbridge (approximately 750 feet upstream of the Snow Lakes trailhead parking area) is closed to all species, except open for salmon fishing:
(i) Daily limit 1, minimum length 12 inches. Release all salmon other than hatchery Chinook.
(ii) Mandatory retention of hatchery Chinook over 12 inches in length.
(iii) Night closure.
REPEALER
The following section of the Washington Administrative Code is repealed July 1, 2020:
WAC 220-312-05000B | Freshwater exceptions to statewide rules—Eastside. |