[Order 23-224—Filed October 5, 2023, 1:02 p.m., effective October 7, 2023]

Effective Date of Rule: October 7, 2023.

Purpose: The purpose of this emergency rule is to open coho retention seasons in the Snake River.

Citation of Rules Affected by this Order: Repealing WAC 220-312-05000I; and 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: The return of coho from the Nez Perce Tribe's hatchery program to reintroduce coho in the Snake [River] basin is large enough to meet broodstock needs, allow natural spawning, and provide harvest opportunities. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 5, 2023.

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

Effective October 7 through December 31, 2023, the following provisions of WAC 220-312-050, regarding salmon seasons in the Snake River shall be open as follows. All other provisions of WAC 220-312-050 remain in effect unless modified by emergency rule:

(1) Snake River (Franklin/Walla Walla Counties): From the red river marker (Marker 28) on the south shore of the Snake River upstream to the Highway 261 bridge (approx. 1.4 mi.):

Salmon: Effective October 7 through Oct. 29, 2023:

(a) Open Thursdays through Sundays each week. Closed Mondays through Wednesdays each week.

(b) Daily limit 2 adult Chinook including no more than 1 wild adult Chinook. No daily limit for jack Chinook. Release all salmon other than Chinook.

(d) Salmon may not be removed from the water unless to be retained as part of the daily limit.

(2) Snake River (Franklin/Walla Walla Counties): From the downstream edge of the large power lines crossing the Snake River (just upstream from West Evans Road on the south shore, approximately 3 miles below Clarkston) upstream to the Idaho Border at Clarkston:

Salmon: Effective October 7 through October 31, 2023:

(a) Daily limit 3 adult Chinook and 2 adult coho. No daily limit for jack Chinook or jack coho. Release all salmon other than Chinook and coho.

(b) Barbless hooks required.

(3) Snake River (Franklin/Walla Walla Counties): From the Idaho border at Clarkston to the Oregon state line:

Salmon:

(a) Effective October 7 through October 31, 2023:

(i) Daily limit 3 adult Chinook and 2 adult coho. No daily limit for jack Chinook or jack coho. Release all salmon other than Chinook and coho.

(ii) Barbless hooks required.

(iii) Salmon may not be removed from the water unless to be retained as part of the daily limit.

(b) Effective November 1 through December 31, 2023:

(i) Daily limit 2 adult coho. No daily limit for jack coho. Release all salmon other than coho.

(ii) Barbless hooks required.

(iii) Salmon may not be removed from the water unless to be retained as part of the daily limit.

The following section of Washington Administrative Code is repealed, effective October 7, 2023:

Freshwater exceptions to statewide rules—Eastside. (23-158)