[Order 21-28—Filed March 3, 2021, 4:20 p.m., effective March 5, 2021]

Effective Date of Rule: March 5, 2021.

Purpose: This rule is needed to modify salmon and steelhead seasons and daily limits within the Cowlitz, Kalama, Klickitat and Wind rivers, Salmon Creek, and Drano Lake.

Citation of Rules Affected by this Order: Amending WAC 220-312-030.

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 modify salmon and steelhead seasons and daily limits within the Cowlitz, Kalama, Klickitat and Wind rivers, Salmon Creek, and Drano Lake for the following reasons:

Cowlitz River, Cispus River and Cowlitz Falls Reservoir: An estimated one thousand eight hundred adult spring Chinook are forecast to return to the Cowlitz River in 2021. A return of this size is insufficient to meet both hatchery broodstock needs and projected harvest for a full season sport fishery.

Modifying spring Chinook fisheries on this river will help meet hatchery program goals.

Drano Lake: The 2021 preseason forecast for Drano Lake (three thousand nine hundred adults) is the third lowest return between 2000 and 2020 (roughly forty-five percent of the recent ten year average). At the same time, expanded hatchery programs intended to increase tribal and sport harvest for spring Chinook and support recovery of Southern Resident Killer Whales are being initiated at Little White Salmon and Carson National Fish Hatcheries, which increases broodstock collection goals. Fishery managers are reducing the adult salmon daily limit and shortening the season to ensure hatchery broodstock goals are achieved at these facilities.

Kalama River: Managers are reducing the adult salmon daily limit to ensure hatchery broodstock goals are achieved. Reducing the adult daily limit will provide continued opportunity for anglers to harvest spring Chinook and help ensure future hatchery returns.

Klickitat River: An estimated one thousand five hundred adult spring Chinook are forecast to return to the Klickitat River in 2021. Managers are reducing the adult salmon daily limit to ensure that hatchery Chinook broodstock goals are achieved. Reducing the adult salmon daily limit will provide continued opportunity for anglers to harvest spring Chinook and help ensure future hatchery returns.

Salmon Creek: Recent changes to hatchery steelhead programs, resulting from the Mitchell Act Biological Opinion, have resulted in the replacement of early returning winter steelhead stocks with local stocks that exhibit a somewhat later run timing. This rule opens hatchery steelhead fishing during the timeframe outlined and provides anglers with additional time to harvest these fish from Salmon Creek.

Wind River: The preseason forecast of adult spring Chinook returning to the Wind River is below what is needed to meet hatchery broodstock goals at Carson National Fish Hatchery. Closing the Wind River will maximize the number of fish available for this hatchery program.

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 0.

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: March 3, 2021.

WAC 220-312-03000WFreshwater exceptions to statewide rules—Southwest.

The provisions of WAC 220-312-030 regarding salmon seasons for Cispus River, Cowlitz River, Cowlitz Falls Reservoir, Kalama River and Klickitat River; steelhead seasons for Salmon Creek; and salmon and steelhead seasons for Drano Lake and Wind 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. Cispus River (Lewis Co.): Salmon: Effective March 5, 2021, until further notice: Closed.

2. Cowlitz River (Cowlitz/Lewis Co.): Salmon: Effective March 5, 2021, until further notice: Closed.

3. Cowlitz Falls Reservoir (Lake Scanewa) (Lewis Co.): Salmon: Effective March 5, 2021, until further notice: Closed.

4. Drano Lake (Skamania Co.): Downstream of markers on a point of land downstream and across from Little White Salmon National Fish Hatchery and upstream of the Highway 14 bridge: Salmon and hatchery steelhead:

(a) Effective March 16 through May 5, 2021: Daily limit 2, of which up to 1 may be an adult Chinook. Release all salmon other than hatchery Chinook.

(b) Effective May 6, 2021, until further notice: Closed.

5. Kalama River (Cowlitz Co.): From the mouth to 1,000 feet below fishway at Kalama Falls Hatchery: Salmon: Effective March 5, 2021, until further notice:

Daily limit 6. Up to 1 adults may be retained. Release all salmon other than hatchery Chinook and hatchery coho.

6. Klickitat River (Klickitat Co.):

(a) From the mouth to Fisher Hill Bridge:

(i) Effective April 1 through May 28, 2021:

(A) Salmon and steelhead: Daily limit 2, of which up to 1 may be an adult salmon. Release wild Chinook.

(B) Open Mondays, Wednesdays, and Saturdays, only.

(ii) Effective May 29, 2021, until further notice: Salmon: Daily limit 6. Up to 1 adult salmon may be retained. Release wild Chinook.

(b) From 400 feet upstream from #5 fishway to boundary markers below Klickitat Salmon hatchery: Salmon: Effective May 29, 2021, until further notice: Daily limit 6. Up to 1 adult salmon may be retained. Release wild Chinook.

7. Salmon Creek (Clark Co.): From the mouth to the 182nd Avenue Bridge: Steelhead: Effective March 16 through May 28, 2021: Daily limit 3. Selective Gear Rules in effect, except use of barbed hooks is allowed.

8. Wind River (Skamania Co.): from the mouth to 800 yards downstream of Carson National Fish Hatchery: Salmon and steelhead: Effective March 16, 2021, until further notice: Closed.

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.