WSR 20-15-047
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-133—Filed July 8, 2020, 4:39 p.m., effective July 9, 2020]
Effective Date of Rule: July 9, 2020.
Purpose: The purpose of this rule to open additional recreational summer Chinook seasons in the lower Columbia River from the Rocky Point/Tongue Point line to the Highway 395 Bridge at Pasco. This rule also closes the recreational shad fishery from Bonneville Dam to The Dalles Dam in order to prevent additional impacts to Endangered Species Act-(ESA)listed Snake River sockeye.
Citation of Rules Affected by this Order: Repealing WAC 220-312-06000P and 220-312-06000R; and amending WAC 220-312-060.
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 summer Chinook seasons in the Columbia River. The U.S. v. Oregon technical advisory committee (TAC) updated the summer Chinook run from a preseason value of thirty-eight thousand to sixty-five thousand on June 29. By closing the shad fishery from Bonneville Dam to The Dalles Dam, this rule also minimizes potential impacts on Snake River ESA-listed sockeye. The TAC is comprised of representatives from Washington, Oregon, Idaho, the National Oceanic and Atmospheric Administration, and the treaty tribes and are responsible for developing preseason and in-season run forecasts that salmon seasons are based on. This fishery is consistent with the 2018-2027 U.S. v. Oregon Management Agreement and the associated biological opinion. This action conforms Washington state rules with Oregon state rules and is consistent with the compact action of July 8, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 2.
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: July 8, 2020.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-06000RFreshwater exceptions to statewide rules—Columbia
Effective July 9 through July 31, 2020, provisions of WAC 220-312-060 regarding Columbia River salmon and steelhead seasons from the Megler Astoria Bridge to the Hwy. 395 Bridge at Pasco and shad seasons from Bonneville Dam to The Dalles Dam are modified as described below. All other provisions of WAC 220-312-060 not addressed herein or otherwise amended by emergency rule remain in effect.
(1) From Megler Astoria Bridge to 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:
Salmon and steelhead: Effective immediately through July 31, 2020: Closed to fishing for or retaining.
(2) 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 upstream to Bonneville Dam:
(a) Salmon and steelhead: Effective July 9 through July 15, 2020: Daily limit 6; up to 2 adults may be retained. Release all salmon and steelhead other than hatchery Chinook.
(b) Salmon and steelhead: Effective July 16 through July 31, 2020: Closed to fishing for or retaining.
(3) From Bonneville Dam upstream to The Dalles Dam:
(a) Salmon and steelhead: Effective July 9 through July 15, 2020: Daily limit 6; up to 2 adults may be retained. Release all salmon and steelhead other than hatchery Chinook.
(b) Shad: Effective July 9 through July 15, 2020: Closed to fishing for or retaining.
(c) Salmon and steelhead: Effective July 16 through July 31, 2020: Closed to fishing for or retaining.
(4) From The Dalles Dam upstream to Hwy. 395 Bridge at Pasco:
(a) Salmon and steelhead: Effective July 9 through July 15, 2020: Daily limit 6; up to 2 adults may be retained. Release all salmon and steelhead other than hatchery Chinook.
(b) Salmon and steelhead: Effective July 16 through July 31, 2020: Closed to fishing for or retaining.
REPEALER
The following section of the Washington Administrative Code is repealed effective July 9, 2020:
WAC 220-312-06000P | Freshwater exceptions to statewide rules—Columbia (20-123) |
The following section of the Washington Administrative Code is repealed effective August 1, 2020:
WAC 220-312-06000R | Freshwater exceptions to statewide rules—Columbia (20-133) |