[Order 21-63—Filed May 11, 2021, 4:49 p.m., effective May 13, 2021]

Effective Date of Rule: May 13, 2021.

Purpose: The purpose of this emergency rule is to open salmon and steelhead seasons in Drano Lake.

Citation of Rules Affected by this Order: Repealing WAC 220-312-03000W; and 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 Drano Lake. This rule also carries forward rules regarding salmon and steelhead seasons and daily limits for Cowlitz, Kalama, Klickitat and Wind rivers, Salmon Creek previously put in place by emergency rule on March 3, 2021, in the filing of WSR 21-07-002. The previous rule for these wasters [waters] is repealed by this filing in order to update Drano Lake.

Drano Lake was closed to salmon and steelhead angling in early May to ensure that expanded broodstock collection at Little White Salmon National Fish Hatchery (LWSNFH) was achieved. Hatchery managers have indicated that the broodstock collection goal for LWSNFH has been met, making continued closure of the salmon and steelhead fisheries unnecessary. While the hatchery goal for this facility has been met, shortfalls at other Columbia Basin hatcheries that can utilize "Carson stock" remain uncertain, therefore managers are implementing a conservative daily limit to help support hatchery production throughout the region.

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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: May 11, 2021.

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

Effective May 13, 2021, 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 immediately, until further notice: Closed.

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

3. Cowlitz Falls Reservoir (Lake Scanewa) (Lewis Co.): Salmon: Effective immediately, 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: Effective May 13, 2021, until further notice:

Daily limit 2, of which up to 1 may be an adult Chinook. Release all salmon other than hatchery Chinook.

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

The following section of Washington Administrative Code is repealed, effective May 13, 2021:

Freshwater exceptions to statewide rules—Southwest. (21-28)