WSR 20-24-003
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-248—Filed November 18, 2020, 2:44 p.m., effective November 19, 2020]
Effective Date of Rule: November 19, 2020.
Purpose: The purpose of this rule is to increase the adult salmon daily limits for the Cowlitz, Lewis, Kalama, Klickitat, and Washougal rivers.
This rule also carries forward emergency rules already in place for the Green, Toutle, and North Fork Toutle rivers.
Citation of Rules Affected by this Order: Repealing WAC 220-312-03000S and 220-312-03000U; 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 daily salmon limits within the Cowlitz, Kalama, Lewis, Washougal, and Klickitat rivers, for the following reasons:
Chinook and coho salmon returns to the Cowlitz Salmon Hatchery have been above levels needed to meet broodstock collection goals for the Cowlitz Hatchery Chinook and coho programs. Modifying coho fisheries on this river will provide additional fishing opportunities while still meeting program goals.
The current return of fall Chinook and coho salmon to the Kalama River has exceeded preseason expectations. Broodstock collection goals for several hatchery programs are on track to be met and additional fish are available for harvest.
Coho salmon returns to the Lewis Hatchery are projected to meet broodstock collection goals for the Lewis Hatchery programs. Modifying coho fisheries will provide additional fishing opportunities while still meeting program and reintroduction goals.
The current return of fall Chinook and coho salmon to the Washougal River has exceeded preseason expectations. Broodstock collection goals for several hatchery programs are on track to be met and additional fish are available for harvest.
The current return of coho salmon to the Klickitat River has exceeded preseason expectations and additional fish are available for harvest.
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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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: November 18, 2020.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-03000UFreshwater exceptions to statewide rules—Southwest.
The provisions of WAC 220-312-030 regarding salmon seasons for Cowlitz River, Kalama River, Green River, Lewis River, Toutle River, North Fork Toutle River, Klickitat 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) Cowlitz River (Cowlitz/Lewis Co.): From the mouth to posted markers below the Barrier Dam: Salmon: Effective November 19 through December 31, 2020:
Daily limit 6. Up to 3 adults may be retained. Release all salmon other than hatchery Chinook and hatchery coho.
2) Green River (Cowlitz Co.): From the mouth to Miner's Creek: Salmon: Effective immediately 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) Kalama River (Cowlitz Co.): From the mouth to 1,000 feet below fishway at Kalama Falls Hatchery: Salmon: Effective November 19 through December 31, 2020:
Daily limit 6. Up to 3 adults may be retained. Release all salmon other than hatchery Chinook and hatchery coho.
4) Klickitat River (Klickitat Co.):
(a) From the mouth to Fisher Hill Bridge: Salmon: Effective November 19 through January 31, 2021:
Daily limit 6. Up to 3 adults may be retained.
(b) From 400 feet upstream from #5 fishway to boundary markers below Klickitat Salmon hatchery: Salmon: Effective November 19 through November 30, 2020:
Daily limit 6. Up to 3 adults may be retained.
5) Lewis River (Clark/Cowlitz Co.):
(a) From the mouth to Colvin Creek: Salmon: Effective November 19 through December 31, 2020:
Daily limit 6. Up to 3 adults may be retained, of which no more than 2 may be Chinook. Release all salmon other than Chinook and hatchery coho.
(b) From Colvin Creek to the overhead powerlines below Merwin Dam: Salmon: Effective December 16 through December 31:
Daily limit 6. Up to 3 adults may be retained, of which no more than 2 may be Chinook. Release all salmon other than Chinook and hatchery coho.
6) Toutle River (Cowlitz Co.): From the mouth to the forks: Salmon: Effective immediately through November 30, 2020:
Daily limit 6. Up to 2 adults may be retained. Release all salmon other than hatchery Chinook and hatchery coho.
7) North Fork Toutle River (Cowlitz Co.): From the mouth to the posted markers below the Fish Collection Facility: Salmon: Effective immediately through November 30, 2020:
Daily limit 6. Up to 2 adults may be retained. Release all salmon other than hatchery Chinook and hatchery coho.
8) Washougal River (Clark Co.): From the mouth to the bridge at Salmon Falls: Salmon: Effective November 19 through December 31, 2020:
Daily limit 6. Up to 3 adults may be retained. Release all salmon other than hatchery Chinook and hatchery coho.
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.
REPEALER
The following section of the Washington Administrative Code is repealed effective November 19, 2020:
WAC 220-312-03000S | Southwest—Freshwater exceptions to statewide rules. (20-233) |
The following section of the Washington Administrative Code is repealed effective February 1, 2021:
WAC 220-312-03000U | Southwest—Freshwater exceptions to statewide rules. (20-248) |