WSR 24-08-045
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 24-45—Filed March 28, 2024, 10:02 a.m., effective March 29, 2024]
Effective Date of Rule: March 29, 2024.
Purpose: The purpose of this emergency rule is to implement steelhead conservation measures in coastal, Grays Harbor, and Willapa Bay tributaries.
Citation of Rules Affected by this Order: Repealing WAC 220-312-02000I; and amending WAC 220-312-020.
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: These emergency rules are necessary to protect wild steelhead stocks. Numerous coastal wild steelhead runs are expected to return below escapement targets as they have the past five seasons and have failed to meet management objectives. Forecasted 2023/2024 coastwide steelhead returns (32,596) are again expected to fall short of escapement goals for wild steelhead in many rivers. The rules contained in this filing are expected to result in a reduction of wild steelhead encounters relative to permanent rules in place and provide added protection for spawning fish and kelts.
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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 28, 2024.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-02000JFreshwater exceptions to statewide rules—Coast.
Effective March 29 through April 30, 2024, the following provisions of WAC 220-312-020, regarding gamefish seasons, fishing from a floating device, and gear and hook restrictions for coastal tributaries, including tributaries of Grays Harbor and Willapa Bay shall be modified as described below. All other provisions of WAC 220-312-020 not addressed herein, or unless otherwise amended by emergency rule, remain in effect:
(1) Bear River (Pacific Co.): Effective immediately, through March 31, 2024: All species: Closed.
(2) Bogachiel River (Clallam Co.):
(a) From the mouth to Mill Creek:
(i) Effective immediately, through March 31, 2024:
(A) All species: Selective Gear Rules in effect, except only 1 single-point barbless hook is allowed.
(B) Steelhead: Daily limit is 2 hatchery steelhead
(ii) Effective April 1 through April 30, 2024: All species: Closed.
(b) From Mill Creek to Hwy. 101 Bridge:
(i) Effective immediately, through March 31, 2024:
(A) All species: Fishing from a floating device is prohibited.
(B) All species: Selective Gear Rules in effect, except only 1 single-point barbless hook is allowed.
(C) Steelhead: Daily limit is 2 hatchery steelhead
(iii) Effective April 1 through April 30, 2024: All species: Closed.
(c) From Hwy. 101 Bridge to Olympic National Park Boundary:
(i) Effective immediately, through March 31, 2024:
(A) All species: Fishing from a floating device is prohibited.
(B) All species: Selective Gear Rules in effect, except only 1 single-point barbless hook is allowed.
(C) Steelhead: Daily limit is 2 hatchery steelhead.
(ii) Effective April 1 through April 30, 2024: All species: Closed.
(3) Calawah River: (Clallam Co.):
(a) From the mouth to the Hwy. 101 Bridge:
(i) Effective immediately, through March 31, 2024:
(A) All species: Selective Gear Rules in effect, except only 1 single-point barbless hook is allowed.
(B) Steelhead: Daily limit is 2 hatchery steelhead.
(ii) Effective April 1 through April 30, 2024: All species: Closed.
(b) From the Hwy. 101 Bridge to the forks:
(i) Effective immediately, through March 31, 2024:
(A) All species: Fishing from a floating device is prohibited.
(B) All species: Selective Gear Rules in effect, except only 1 single-point barbless hook is allowed.
(C) Steelhead: Daily limit is 2 hatchery steelhead.
(ii) Effective April 1 through April 30, 2024: All species: Closed.
(4) Chehalis River (Grays Harbor Co.): From the mouth upstream, including all forks: Effective immediately, through April 15, 2024: All species: Closed.
(5) Clearwater River (Jefferson Co.), from the mouth to Snahapish River: Effective immediately, through April 15, 2024: All species: Closed.
(6) Dickey River (Clallam Co.), from the Olympic National Park boundary upstream:
(a) Effective immediately, through March 31, 2024:
(i) All species: Fishing from a floating device is prohibited.
(ii) All species: Selective Gear Rules in effect, except only 1 single-point barbless hook is allowed.
(b) Effective April 1 through April 30, 2024: All species: Closed.
(7) Dickey River, East Fork and West Fork: Effective immediately, through March 31, 2024:
(a) All species: Fishing from a floating device is prohibited.
(b) All species: Selective Gear Rules in effect, except only 1 single-point barbless hook is allowed.
(8) Elk Creek (Lewis/Pacific Co.): Effective immediately, through March 31, 2024: All species: Closed.
(9) Hoh River (Jefferson Co.):
(a) From Olympic National Park boundary upstream to DNR Oxbow Campground boat launch:
(i) Effective immediately, through March 31, 2024:
(A) All species: Fishing from a floating device is prohibited Sundays through Tuesdays, each week.
(B) All species: Selective Gear Rules in effect, except only 1 single-point barbless hook is allowed.
(C) Steelhead: Daily limit is 2 hatchery steelhead.
(ii) Effective April 1 through April 15, 2024: All species: Closed.
(b) From DNR Oxbow Campground boat launch to Morgans Crossing boat launch:
(i) Effective immediately, through March 31, 2024:
(A) All species: Fishing from a floating device is prohibited Wednesdays through Saturdays, each week.
(B) All species: Selective Gear Rules in effect, except only 1 single-point barbless hook is allowed.
(C) Steelhead: Daily limit is 2 hatchery steelhead.
(ii) Effective April 1 through April 15, 2024: All species: Closed.
(c) From Morgans Crossing boat launch to Olympic National Park boundary below mouth of South Fork Hoh River:
(i) Effective immediately, through March 31, 2024:
(A) All species: Selective Gear Rules in effect, except only 1 single-point barbless hook is allowed.
(B) Steelhead: Daily limit is 2 hatchery steelhead.
(ii) Effective April 1 through April 15, 2024: All species: Closed.
(10) Hoh River, South Fork (Jefferson Co.), outside of Olympic National Park boundary:
(a) Effective immediately, through March 31, 2024:
(i) All species: Fishing from a floating device is prohibited.
(ii) All species: Selective Gear Rules in effect, except only 1 single-point barbless hook is allowed.
(b) Effective April 1 through April 15, 2024: All species: Closed.
(11) Humptulips River (Grays Harbor Co.): From the mouth to confluence of East and West forks and West Fork from mouth to Donkey Creek: Effective immediately, through March 31, 2024: All species: Closed.
(12) Naselle River (Pacific Co.), from the Hwy. 101 Bridge to the North Fork: Effective immediately, through April 15, 2024:
(a) All species: Selective Gear Rules in effect, except only 1 single-point barbless hook is allowed.
(b) Release wild rainbow trout.
(13) Newaukum River, including South Fork (Lewis Co.), from mouth to Hwy. 508 Bridge near Kearny Creek: Effective immediately, through March 31, 2024: All species: Closed.
(14) Newaukum River, Middle Fork (Lewis Co.), from mouth to Taucher Rd. Bridge: Effective immediately, through March 31, 2024: All species: Closed.
(15) Newaukum River, North (Lewis Co.), from mouth to 400' below Chehalis City water intake: Effective immediately, through March 31, 2024: All species: Closed.
(16) Quillayute River (Clallam Co.), from Olympic National Park boundary upstream to confluence of Sol Duc and Bogachiel rivers:
(a) Effective immediately, through March 31, 2024:
(i) All species: Selective Gear Rules in effect, except only 1 single-point barbless hook is allowed.
(ii) Steelhead: Daily limit 2 hatchery steelhead.
(b) Effective April 1 through April 30, 204: All species: Closed.
(17) Quinault River (Grays Harbor/Jefferson Co.), from the mouth at upper end of Quinault Lake upstream to Olympic National Park boundary: immediately, through April 15, 2024: All species: Closed.
(18) Satsop River and East Fork (Grays Harbor Co.): Effective immediately, through March 31, 2024: All species: Closed.
(19) Skookumchuck River (Lewis/Thurston Co.): From mouth to 100' below outlet of TransAlta WDFW steelhead rearing pond located at the base of Skookumchuck Dam: Effective December 1, 2023, until further notice: Effective immediately, through April 30, 2024: All species: Closed.
(20) Sol Duc River (Clallam Co.):
(a) From mouth to the concrete pump station at Sol Duc Hatchery:
(i) Effective immediately, through March 31, 2024: All species: Selective Gear Rules in effect, except only 1 single-point barbless hook is allowed.
(ii) Effective April 1 through April 30, 2024: All species closed.
(b) From the concrete pump station at Sol Duc Hatchery to Hwy. 101 Bridge upstream of Klahowya campground:
(i) Effective immediately, through March 31, 2024:
(A) All species: Fishing from a floating device is prohibited.
(B) All species: Selective Gear Rules in effect, except only 1 single-point barbless hook is allowed.
(ii) Effective April 1 through April 30, 2024: All species: Closed.
(21) Thunder Creek (Clallam Co.), from mouth to D2400 Rd.:
(a) Effective immediately, through March 31, 2024:
(i) All species: Fishing from a floating device is prohibited.
(ii) All species: Selective Gear Rules in effect, except only 1 single-point barbless hook is allowed.
(iii) Release wild rainbow trout.
(b) Effect April 1 through April 30, 2024: All species: Closed.
(22) Willapa River (Pacific Co.), from WDFW access at mouth of Ward/Wilson Creek to Hwy. 6 Bridge (near the town of Lebam): Effective immediately, through March 31, 2024:
(a) All species: Selective Gear Rules in effect, except only 1 single-point barbless hook is allowed.
(b) Release wild rainbow trout.
(23) Wynoochee River (Grays Harbor Co.): From the mouth upstream: immediately, through March 31, 2024: All species: Closed.
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER
The following sections of Washington Administrative Code are repealed, effective March 29, 2023:
WAC 220-312-02000I
Freshwater exceptions to statewide rules—Coast. (23-266)
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.