[Order 20-185—Filed September 10, 2020, 8:00 a.m., effective September 10, 2020, 8:00 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: The purpose of this rule is to open a limited Chinook retention season in the Columbia River, from the mouth to the Highway 395 Bridge at Pasco.

Citation of Rules Affected by this Order: Repealing WAC 220-312-06000V and 220-312-06000W; 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 a limited Chinook salmon retention season in the lower Columbia River, from the mouth to the Highway 395 Bridge at Pasco, beginning September 11 through 13, 2020. Additional recreational fishery impacts to upriver bright and lower river hatchery fall Chinook are available, as are coho under the preseason fishing plan. This action is consistent with decisions made by the states of Washington and Oregon during compact actions of September 3 and 9, 2020.

There is insufficient time to adopt permanent regulations.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 10, 2020.

WAC 220-312-06000WFreshwater exceptions to statewide rules—Columbia River.

Effective immediately through December 31, 2020, the provisions of WAC 220-312-060 regarding recreational sturgeon seasons in the Columbia River downstream of Bonneville Dam and the Cowlitz River and Columbia River salmon and steelhead seasons from the mouth (Buoy 10) to the Rocky Point/Tongue Point line, shall be as described below. Salmon and steelhead seasons for the Columbia River from the Rocky Point/Tongue Point Line from September 11 through September 13 will also be described below. All other provisions of WAC 220-312-060 not addressed herein remain in effect unless otherwise amended by emergency rule:

(1) From Wauna powerlines upstream to Bonneville Dam, including the Cowlitz River: Sturgeon:

(a) It is permissible to retain white sturgeon on Saturday, September 12 and Saturday, September 19, 2020.

(i) The daily limit of white sturgeon is one fish.

(ii) Minimum fork length 44 inches. Maximum fork length 50 inches.

(b) Catch and release angling is permissible on days not open to sturgeon retention.

(2) From a true North and South line through Buoy 10 to a projected line from Rocky Point on the Washington bank through Red Buoy 44 to the red navigation marker 2 at Tongue Point on the Oregon Bank (the Rocky Point/Tongue Point line), and including Youngs Bay: Salmon and Steelhead

(a) Effective immediately through September 10, 2020: Daily limit 2. Coho minimum size 16 inches. Release all salmon other than hatchery coho. Release all steelhead.

(b) Effective September 11 through September 13: Daily limit 2, no more than 1 may be a Chinook. Coho minimum size 16 inches. Chinook minimum size 24". Release all salmon other than Chinook and hatchery coho. Release all steelhead.

(c) Effective September 14 through September 22, 2020: Daily limit 2. Coho minimum size 16 inches. Release all salmon other than hatchery coho. Release all steelhead.

(d) Effective September 23 through September 30, 2020: Daily limit 2, no more than 1 may be a Chinook. Coho minimum size 16 inches. Chinook minimum size 24". Release all salmon other than Chinook and hatchery coho. Release all steelhead.

(e) Effective October 1 through October 31, 2020: Daily limit 6. Up to 2 adults may be retained, no more than 1 may be a Chinook. Coho minimum size 16 inches. Release all salmon other than Chinook and hatchery coho. Release all steelhead.

(f) Effective November 1 through December 31, 2020: Daily limit 6. Up to 2 adults may be retained, no more than 1 may be a Chinook and no more than 1 may be a steelhead. Coho minimum size 16 inches. Release all salmon other than Chinook and hatchery coho. Release wild steelhead.

(3) From the Rocky Point/Tongue Point line to the Hood River Bridge: salmon and steelhead:

Effective September 11 through September 13: Daily limit 1. Release all salmon other than Chinook and hatchery coho. Release all steelhead.

(4) From the Hood River Bridge to the Hwy. 395 Bridge at Pasco: salmon and steelhead:

Effective September 11 through September 13: Daily limit 1. Release all salmon other than Chinook and coho. Release all steelhead.

The following section of Washington Administrative Code is repealed, effective immediately:

Freshwater exceptions to statewide rules—Columbia River. (20-182)

The following section of Washington Administrative Code is repealed, effective January 1, 2020:

Freshwater exceptions to statewide rules—Columbia River. (20-185)

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.