WSR 21-19-007
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 21-171—Filed September 2, 2021, 3:32 p.m., effective September 3, 2021]
Effective Date of Rule: September 3, 2021.
Purpose: The purpose of this emergency rule is to lower daily steelhead limits or close steelhead fisheries in the Snake River and tributaries, the Grande Ronde, Touchet, Tucannon, and Walla Walla rivers.
Citation of Rules Affected by this Order: Amending WAC 220-312-050.
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 emergency rule is needed to lower steelhead daily limits or close steelhead angling altogether for portions of the Snake River and its tributaries, the Grande Ronde, Touchet, Tucannon, and Walla Walla rivers. These measures regarding steelhead in the Snake River and its tributaries are needed to ensure that broodstock needs are met and to limit impacts on wild steelhead. The 2021 Columbia River forecasted return for upriver steelhead was 89,200. Steelhead passage at Bonneville Dam of steelhead from July 1 through August 29 is 33,906 and is the lowest count on record and tracking behind the preseason forecast. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 2, 2021.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-05000ZFreshwater exceptions to statewide rulesEastside.
Effective September 3, 2021, until further notice, the following provisions of WAC 220-312-050 regarding steelhead seasons for the Snake River and its tributaries, the Grande Ronde, Touchet, Tucannon, and Walla Walla rivers shall be as described below. All other provisions of WAC 220-312-050 not addressed herein, or otherwise amended by emergency rule, remain in effect:
(1) Grande Ronde River (Asotin County): from County Road Bridge (approximately 2.5 miles upstream of the mouth) to the Washington/Oregon border: Steelhead:
(a) Daily limit 1 hatchery steelhead.
(b) Barbless hooks required.
(c) Anglers may not continue to fish for steelhead once their daily limit of steelhead has been retained.
(d) Anglers may not remove any Chinook, Coho, or steelhead from the water if it is not to be retained as part of the daily limit.
(2)Snake River (Franklin/Walla Walla Counties):
(a) From the Burbank to Pasco railroad bridge at Snake River mile 1.25 to Lower Granite Dam: Steelhead: Closed to fishing for or retaining.
(b) From Lower Granite Dam to the Idaho/Oregon Border: Steelhead:
(i) Daily limit 1 hatchery steelhead.
(ii) Barbless hooks required.
(iii) Anglers may not continue to fish for steelhead once their daily limit of steelhead has been retained.
(iv) Anglers may not remove any Chinook, Coho, or steelhead from the water if it is not to be retained as part of the daily limit.
(3) Touchet River (Walla Walla County): from the mouth to the confluence of the North and South Forks: Steelhead: Closed to fishing for or retaining.
(4) Tucannon River (Columbia/Garfield Counties): from the mouth to the Tucannon Hatchery Road Bridge: Steelhead: Closed to fishing for or retaining.
(5) Walla Walla River (Walla Walla County): from the mouth to the Washington/Oregon border: Steelhead: Closed to fishing for or retaining.