WSR 22-16-020

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 22-150—Filed July 25, 2022, 9:30 a.m., effective July 28, 2022]

Effective Date of Rule: July 28, 2022.

Purpose: The purpose of this emergency rule is to open sockeye retention seasons in Lake Wenatchee and a portion of the Wenatchee River.

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 action is necessary to open sockeye retention seasons in Lake Wenatchee and a portion of the Wenatchee River.

Based on current sockeye passage analysis at both Tumwater Dam and mainstem Columbia River dams, WDFW projects a surplus of harvestable sockeye destined for Lake Wenatchee, well above the natural spawning escapement goal of 23,000 fish.

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 25, 2022.

Kelly Susewind

Director

NEW SECTION

WAC 220-312-05000RFreshwater exceptions to statewide rules—Eastside.

Effective July 28 through September 30, 2022, the provisions of WAC 220-312-050 regarding recreational salmon seasons in the Lake Wenatchee and the Wenatchee River, shall be modified during the dates listed and as described below. All provisions of WAC 220-312-050 not addressed herein remain in effect unless otherwise amended by emergency rule:

(1) Wenatchee Lake (Chelan County): Salmon: Effective July 28 through August 31, 2022:

(a) Daily limit 4. Release all salmon other than sockeye.

(b) Selective gear rules in effect.

(d) Release all bull trout, steelhead, and Chinook salmon unharmed without removing the fish from the water.

(2) Wenatchee River (Chelan County): Salmon: Effective August 1 through September 30, 2022:

(a) Daily limit 6, including no more than 2 adult hatchery Chinook and no more than 4 sockeye. Release coho and wild adult Chinook.

(b) Selective gear rules in effect, except use of bait is allowed.