WSR 22-07-012
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 22-36—Filed March 4, 2022, 9:43 a.m., effective March 16, 2022]
Effective Date of Rule: March 16, 2022.
Purpose: The purpose of this emergency rule is to reduce the adult salmon daily limit in Drano Lake, Klickitat River, and Wind River; and to open hatchery steelhead seasons in Salmon Creek (Clark County).
Citation of Rules Affected by this Order: 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 emergency rule is necessary to reduce the adult salmon daily limit in Drano Lake, Klickitat River, and Wind River; and to open hatchery steelhead seasons in Salmon Creek (Clark County) for the following reasons:
Drano Lake: The 2022 preseason forecast for Drano Lake (3,800 adults) is the third lowest return between 2000 and 2021 (roughly 50 percent of the recent 10-year average). Expanded hatchery programs intended to increase tribal and sport harvest for spring Chinook and support recovery of southern resident killer whales have increased the broodstock collection goal at Little White Salmon National Fish Hatchery. The adult salmon daily limit is being reduced to provide spring Chinook angling opportunity, while also ensuring broodstock collection goals are achieved.
Klickitat River: An estimated 1,800 adult spring Chinook are forecast to return to Klickitat River in 2022. The adult salmon daily limit is being reduced 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.
Wind River: The preseason forecast of spring Chinook returning to Wind River (4,200 adults) indicates that a reduced adult salmon daily limit is needed to provide spring Chinook angling opportunity and meet broodstock collection goals at Carson National Fish Hatchery.
Salmon Creek (Clark County): Changes to the Salmon Creek hatchery steelhead program, 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 [time]. This rule opens hatchery steelhead fishing during the time frame outlined above and provides anglers with additional time to harvest these fish from Salmon Creek.
The Washington department of fish and wildlife will continue to monitor spring Chinook returns with comanagers and National Fish Hatchery staff to determine whether additional fishery modifications are needed in the Drano Lake, Klickitat River, and Wind River salmon fisheries.
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 4, 2022.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-03000HFreshwater exceptions to statewide rules—Southwest.
Effective March 16, 2022, until further notice, the provisions of WAC 220-312-030 regarding Drano Lake, Klickitat River, Salmon Creek, and Wind River salmon and steelhead seasons shall be modified during times 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) 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 March 16 until further notice:
Daily limit 2; of which up to 1 may be a hatchery Chinook. Release all salmon other than hatchery Chinook.
(2) Klickitat River (Klickitat Co.):
(a) From the mouth to Fisher Hill Bridge:
(i) Effective April 1 through May 27, 2022: Salmon and steelhead:
(A) Open Mondays, Wednesdays, and Saturdays only.
(B) Salmon and steelhead: Daily limit 2; up to 1 salmon or 2 hatchery steelhead or 1 of each may be retained. Release wild Chinook.
(ii) Effective May 28, 2022, until further notice: Salmon: Daily limit 6; up to 1 adult may be retained. Release wild Chinook.
(b) From 400 feet upstream from #5 fishway to boundary markers below Klickitat Salmon hatchery: Effective May 28, 2022, until further notice: Salmon: Daily limit 6; up to 1 adult may be retained. Release wild Chinook.
(3) Salmon Creek (Clark Co.): From the mouth to the 182nd Avenue Bridge: Effective March 16 through May 27, 2022: Steelhead: Daily limit 3. Selective Gear Rules in effect, except use of barbed hooks is allowed.
(4) Wind River (Skamania Co.): From the mouth to 800 yards downstream of Carson National Fish Hatchery: Effective March 16, 2022, until further notice: Salmon and hatchery steelhead: Daily limit 6; up to 1 adult salmon and 1 hatchery steelhead or up to 2 hatchery steelhead may be retained. Release all salmon other than hatchery Chinook.
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.