WSR 18-19-061
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 18-245—Filed September 17, 2018, 10:05 a.m., effective September 17, 2018, 10:05 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend recreational fishing rules for the Columbia River.
Citation of Rules Affected by this Order: Repealing WAC 220-312-06000Y; and amending WAC 220-312-06000Z [220-312-060].
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 personal use fishing plans compliant with fisheries authorized by NOAA Fisheries under the Endangered Species Act (ESA). Permit 1395 is issued under section 10 (a)(1)(A) of ESA and authorizes direct take of ESA listed Upper Columbia River steelhead associated with steelhead hatchery program for the Wenatchee, Methow, and Okanogan basins. Authorization related to this permit is currently being consulted on with NOAA Fisheries for incorporation into a related hatchery and genetic management plan. These emergency rules are necessary to comply with federal requirements as stipulated in Permit 1395 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 14, 2018.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-06000ZFreshwater exceptions to statewide rules—Columbia River.
Notwithstanding the provisions of WAC 220-312-060, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:
(a) Mouth of the Columbia River from Buoy 10 to the HWY 395 Bridge at Pasco: Salmon and steelhead, immediately until further notice: Closed.
(b) HWY 395 Bridge at Pasco to the Old Hanford townsite powerline towers:
(i) Salmon, September 15 through October 31, 2018:
(A) Daily limit 6, up to 1 may be an adult.
(B) Release coho.
(c) The Old Hanford townsite powerline towers to Priest Rapids Dam:
(i) Salmon, September 15 through October 15, 2018:
(A) Daily limit 6, up to 1 may be an adult.
(B) Release coho.
(ii) Steelhead, immediately until further notice: Release all steelhead.
(d) Rock Island Dam to Rocky Reach Dam:
(i) Salmon, immediately through October 15, 2018:
(A) Daily limit 6, no more than 3 sockeye may be retained.
(B) Release adult Chinook and coho.
(e) Rocky Reach Dam to Wells Dam:
(i) Salmon, immediately through October 15, 2018:
(A) Daily limit 6, no more than 2 adult Chinook and 3 sockeye may be retained.
(B) Release wild adult Chinook and coho.
(f) Hwy. 173 Bridge at Brewster to Chief Joseph Dam:
(i) Salmon, immediately through October 15, 2018:
(A) Daily limit 6, no more than 2 adult Chinook and 3 Sockeye may be retained.
(B) Release wild adult Chinook and coho.
REPEALER
The following section of the Washington Administrative Code is repealed immediately:
WAC 220-312-06000Y | Freshwater exceptions to statewide rules—Columbia River. (18-241) |