WSR 21-23-046
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 21-253—Filed November 10, 2021, 9:17 a.m., effective November 11, 2021]
Effective Date of Rule: November 11, 2021.
Purpose: The purpose of this emergency rule is to increase the adult coho portion of the salmon daily limit for recreational anglers on the Kalama, Lewis, and Washougal rivers.
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: Coho salmon returns to the Kalama, Lewis, and Washougal rivers are trending above preseason forecast and are sufficient to allow increased harvest opportunity for anglers by increasing the adult coho portion of the salmon daily limit. Coho returns to all three rivers are in their early stages of their timing and returns have been strong with collection goals nearly complete for Washougal, almost 70 percent complete for Kalama and on track to be met for the Lewis River. With increased harvest limits, these rivers are still expected to meet preseason reintroduction and broodstock collection goals for the hatchery programs.
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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 10, 2021.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-03000FFreshwater exceptions to statewide rules—Southwest.
Effective November 11 through December 31, 2021, the provisions of WAC 220-312-030 regarding salmon seasons for Kalama River, Lewis River, and Washougal River, shall be modified during the dates and in areas as described below. All other provisions of WAC 220-312-030 not addressed herein remain in effect unless otherwise amended by emergency rule:
(1) Kalama River (Cowlitz Co.); from the mouth to 1,000 feet below the fishway at Kalama Falls Hatchery: Salmon: Effective November 11 through December 31, 2021:
Daily limit 6, of which up to 3 may be adult Chinook. Release all salmon other than hatchery Chinook and hatchery coho.
(2) Lewis River (Clark/Cowlitz Co.):
(a) From the mouth to Colvin Creek: Salmon: Effective November 11 through December 31, 2021:
Daily limit 6, of which up to 2 may be adult Chinook. Release all salmon other than hatchery Chinook and hatchery coho.
(b) From Colvin Creek to the overhead powerlines below Merwin Dam: Salmon: Effective December 16 through December 31, 2021:
Daily limit 6, of which up to 2 may be adult Chinook. Release all salmon other than hatchery Chinook and hatchery coho.
(3) Washougal River (Clark Co.); from the mouth to the Bridge at Salmon Falls: Salmon: Effective December 16 through December 31, 2021:
Daily limit 6, of which up to 1 may be an adult Chinook. Release all salmon other than hatchery Chinook and hatchery coho.