WSR 20-20-063
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-214—Filed October 1, 2020, 3:12 p.m., effective October 3, 2020]
Effective Date of Rule: October 3, 2020.
Purpose: The purpose of this rule is to increase the adult Chinook daily limit for the Green, Toutle, North Fork Toutle, and Washougal rivers. This rule will also allow retention of hatchery steelhead in Drano Lake.
Citation of Rules Affected by this Order: Repealing WAC 220-312-03000R; and amending WAC 220-312-030.
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 increase the adult Chinook daily limit for the Green River, Toutle River, North Fork Toutle River, and Washougal River and to allow retention of hatchery steelhead in Drano Lake, for the following reasons:
The current return of fall Chinook to the Washougal River has exceeded preseason expectations. Collection of adult fall Chinook is on track to meet the hatchery broodstock goal and surplus fish are available for harvest.
Chinook and coho salmon returns to the Toutle Hatchery have been above levels needed to meet broodstock collection goals for the Toutle Hatchery Chinook and coho programs. Modifying Chinook and coho fisheries on these rivers will provide additional fishing opportunities while still meeting program goals.
Summer 2020 steelhead fisheries in Drano Lake were closed through the North of Falcon rule-making process based on low preseason forecasts and the need to limit ESA-listed steelhead impacts in nontreaty fisheries. The estimated return of B-index summer steelhead, the primary stock currently passing Bonneville Dam, was recently increased from preseason forecasts. Mainstem Columbia River temperatures have also decreased, likely reducing the number of ESA-listed summer steelhead occupying Drano Lake. Reopening hatchery steelhead retention at this time will provide added sport fishing opportunity for anglers, while also meeting conservation objectives for ESA-listed steelhead stocks.
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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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: October 1, 2020.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-03000RFreshwater exceptions to statewide rules—Southwest.
The provisions of WAC 220-312-030 regarding salmon seasons for Drano Lake, Green River, Toutle River, North Fork Toutle River, and the Washougal River shall be modified during the dates and as described below. All other provisions of WAC 220-312-030 not addressed herein remain in effect unless otherwise amended by emergency rule:
1) Drano Lake (Skamania County): Salmon and steelhead: Effective October 3 through October 31, 2020:
Daily limit 6. Up to 1 adult salmon or up to 1 hatchery steelhead may be retained.
2) Green River (Cowlitz Co.): From the mouth to Miner's Creek: Salmon: Effective October 3 through November 30, 2020:
Daily limit 6. Up to 2 adults may be retained. Release all salmon other than hatchery Chinook and hatchery coho.
3) Toutle River (Cowlitz Co.): From the mouth to the forks: Salmon: Effective October 3 through November 30, 2020:
Daily limit 6. Up to 2 adults may be retained. Release all salmon other than hatchery Chinook and hatchery coho.
4) North Fork Toutle River (Cowlitz Co.): From the mouth to the posted markers below the Fish Collection Facility: Salmon: Effective October 3 through November 30, 2020:
Daily limit 6. Up to 2 adults may be retained. Release all salmon other than hatchery Chinook and hatchery coho.
5) Washougal River (Clark Co.): From the mouth to the bridge at Salmon Falls: Salmon: Effective October 3 through December 31, 2020:
Daily limit 6. Up to 2 adults may be retained, of which no more than 1 may be a coho. Release all salmon other than hatchery Chinook and hatchery coho.
REPEALER
The following section of the Washington Administrative Code is repealed effective January 1, 2020 [2021]:
WAC 220-312-03000R | Southwest—Freshwater exceptions to statewide rules. |
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.