WSR 20-15-103
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-137—Filed July 15, 2020, 4:39 p.m., effective July 16, 2020]
Effective Date of Rule: July 16, 2020.
Purpose: The purpose of this rule [is] to open additional recreational summer Chinook as well as limited hatchery steelhead seasons in the lower Columbia River from the Rocky Point/Tongue Point line to the Highway 395 Bridge at Pasco.
Citation of Rules Affected by this Order: Repealing WAC 220-312-06000R and 220-312-06000S; 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 summer Chinook and steelhead 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. No additional impacts on Snake River Endangered Species Act-listed sockeye are expected to occur with this extension. The TAC is comprised of representatives from Washington, Oregon, Idaho, 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 15, 2020. Immediate adoption of this rule to open additional recreational Chinook and steelhead seasons is necessary for the preservation of the public health, safety, or general welfare, and observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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 15, 2020.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-06000SFreshwater exceptions to statewide rulesColumbia
Effective July 16 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 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 Hwy. 395 Bridge at Pasco:
Salmon and steelhead: Effective July 16 through July 31, 2020: Daily limit 6; up to 2 adults may be retained of which up to 1 may be a hatchery steelhead. Release all salmon other than hatchery Chinook. Release wild steelhead.
REPEALER
The following section of the Washington Administrative Code is repealed effective July 16, 2020:
WAC 220-312-06000R
Freshwater exceptions to statewide rulesColumbia (20-133)
The following section of the Washington Administrative Code is repealed effective August 1, 2020:
WAC 220-312-06000S
Freshwater exceptions to statewide rulesColumbia (20-137)