WSR 17-16-086
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 17-173—Filed July 27, 2017, 10:51 a.m., effective July 31, 2017]
Effective Date of Rule: July 31, 2017.
Purpose: Amend recreational fishing rules for the Cowlitz River.
Citation of Existing Rules Affected by this Order: Amending WAC 220-312-030.
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: Emergency rules are needed because steelhead returns to the Columbia River have been lower than expected this summer. Low returns of summer steelhead to the Cowlitz Hatchery thus far this season make it necessary to reduce the daily limit as a precautionary measure to ensure enough fish can be collected to meet the hatchery broodstock needs. Retention of hatchery steelhead will no longer be required due to the need to obtain additional fish for the hatchery program. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 26, 2017.
James B. Scott, Jr.
for J. W. Unsworth
Director
NEW SECTION
WAC 220-312-03000F SouthwestFreshwater exceptions to statewide rules.
Notwithstanding the provisions of WAC 220-312-030, effective July 31, 2017, until further notice, it is unlawful to violate the provisions below. Unless otherwise amended, all permanent rules remain in effect.
Cowlitz River and its tributaries from the Lexington Drive/Sparks Road Bridge to the Barrier dam:
(a) Up to 2 hatchery steelhead may be retained
(b) Catch and release of hatchery steelhead is allowed