WSR 18-14-051
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 18-138—Filed June 28, 2018, 2:06 p.m., effective July 1, 2018]
Effective Date of Rule: July 1, 2018.
Purpose: Amends freshwater recreational rules for the southwest region.
Citation of Rules Affected by this Order: Amending WAC 220-220-160 and 220-312-030.
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 department is in the process of adopting permanent rules that are necessary to implement the personal use fishing plans agreed-to with resource comanagers at the North of Falcon proceedings. These emergency rules are necessary to comply with agreed-to management plans, and are interim until permanent rules take effect.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 28, 2018.
Joe Stohr
Director
NEW SECTION
WAC 220-220-16000ATwo pole endorsement
Notwithstanding the provisions of WAC 220-220-160, effective July 1, 2018, until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:
Anglers who possess a valid two-pole endorsement may fish with two lines in the following river sections:
(1) Cowlitz River, from the mouth to the Lexington Drive Bridge.
(2) Lewis River, from the mouth to the railroad bridge near Khunis Road.
NEW SECTION
WAC 220-312-03000WFreshwater exceptions to statewide rules—Southwest
Notwithstanding the provisions of WAC 220-312-030, effective July 1, 2018, until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:
(1) Rescind from the following waters the rule - when the anti-snagging rule is in effect, only fish hooked inside the mouth may be retained:
(a) Blue Creek (Lewis Co.) from mouth to posted markers above the rearing pond outlet;
(b) Cowlitz River (Lewis Co.) from Mill Creek to 400' or posted markers below the barrier dam;
(c) Cowlitz River (Lewis Co.) from posted PUD sign on Peters Road to Forest Road 1270 (old Jody's Bridge);
(d) Drano Lake (Skamania Co.);
(e) Elochoman River (Wahkiakum Co.) from mouth to West Fork;
(f) Grays River (Wahkiakum Co.) from mouth to South Fork;
(g) Green River (Cowlitz Co.) from mouth to Toutle Hatchery intake;
(h) Kalama River (Cowlitz Co.) from railroad bridge below the I-5 to intake at lower salmon hatchery;
(i) Klickitat River (Klickitat Co.) from mouth to Fisher Hill Bridge;
(j) Lewis River (Clark/Cowlitz counties) from mouth of East Fork to overhead powerlines below Merwin Dam;
(k) Mill Creek (Lewis Co.) from mouth to hatchery road crossing culvert;
(l) North Fork Toutle River (Cowlitz Co.) from confluence with South Fork to mouth of Green River;
(m) West Fork Grays River (Wahkiakum Co.) from mouth to hatchery intake/footbridge;
(n) Tilton River (Lewis Co.) from mouth to West Fork;
(o) Washougal River (Clark/Skamania counties) from mouth to Salmon Falls;
(p) White Salmon River (Klickitat/Skamania counties) from mouth to county road bridge below former location of the powerhouse;
(q) Wind River (Skamania Co.) from the Hwy. 14 Bridge to 800 yards downstream of Carson National Fish Hatchery
(2) White Salmon River (Klickitat/Skamania counties):
(a) From the mouth (Burlington Northern Railroad Bridge) to the county road bridge below the former location of the powerhouse:
(i) It is unlawful to fish for salmon and steelhead using anything other than barbless hooks.
(ii) Open year-round.
(iii) Game fish: Statewide minimum length/daily limit, except: Release wild rainbow and wild cutthroat.
(iv) August 1, 2018 until further notice: Anti-snagging rule.
(v) Salmon and steelhead:
(A) April 1 through July 31:
(I) Limit 2; no more than 2 salmon, or 2 hatchery steelhead, or one of each, may be retained.
(II) Release wild Chinook.
(B) August 1, 2018 until further notice:
(I) Limit 6; no more than 2 adult salmon, or 2 hatchery steelhead, or one of each, may be retained.
(II) Salmon: Only hatchery Chinook and hatchery coho may be retained.
(b) From the county road bridge below the former location of the powerhouse upstream to Big Brother Falls
(i) From Big Brother Falls downstream 400 feet: Closed waters.
(ii) Game fish: Statewide minimum length/daily limit, except: Release wild rainbow and wild cutthroat trout.
(iii) Selective gear rules.
(iv) Salmon and steelhead:
(A) Open through July 31:
(I) Daily limit 2 fish, no more than 2 salmon, or 2 Steelhead, or 1 of each may be retained.
(II) Only hatchery salmon and hatchery steelhead may be retained.
(B) August, 2018 until further notice:
(I) Daily limit 6; no more than 2 adult salmon, or 2 steelhead, or one of each may be retained.
(II) Only hatchery salmon and hatchery steelhead may be retained.
(3) Drano Lake - Open to night fishing until further notice