WSR 16-17-076
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 16-209—Filed August 17, 2016, 11:20 a.m., effective September 1, 2016]
Effective Date of Rule: September 1, 2016.
Purpose: Amend recreational fishing rules for the Snake River.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-310-19500S; and amending WAC 220-310-195.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 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 2016 Columbia River forecasted return of upriver bright adults is 593,800 with a significant portion of these fish expected to return to the Snake River. Significant steelhead fisheries also occur in the area and some hatchery fall Chinook are expected to be caught during steelhead fishing. Retention of hatchery fall Chinook is not expected to increase impacts to Endangered Species Act listed wild fall Chinook. Allowing retention of hatchery Chinook will provide additional angling opportunity. There is significant 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 17, 2016.
Christy Vassar
for J. W. Unsworth
Director
NEW SECTION
WAC 220-310-19500S Freshwater exceptions to statewide rulesEastside.
Notwithstanding the provisions of WAC 220-310-195,
(1) Snake River - Effective September 1 through October 31, 2016, open for salmon in waters of the Columbia River from the railroad bridge between Burbank and Kennewick upstream 2.1 miles to the first power line crossing upstream of the navigation light on the point of Sacajawea State Park (Snake River Confluence Protection Area) and on the Snake River from the mouth to the Oregon State line.
(a) Daily limit of six adipose fin-clipped fall Chinook adults (24 inches in length and larger), and six adipose fin-clipped jack fall Chinook (less than 24 inches). Minimum size for Chinook is 12 inches.
(b) Anglers must cease fishing for salmon and steelhead for the day once they have retained 3 hatchery steelhead regardless of whether the salmon daily limit has been retained.
(c) All Chinook with the adipose fin intact, and all steelhead, must be released immediately, unharmed.
(d) Barbless hooks are required when fishing for Chinook or steelhead.
(e) It is unlawful to remove any Chinook or steelhead from the water unless it is retained as part of the daily limit.
REPEALER
The following section of the Washington Administrative Code is repealed effective November 1, 2016:
WAC 220-310-19500S
Freshwater exceptions to statewide rulesEastside.