WSR 18-23-001
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 18-317—Filed November 7, 2018, 2:20 p.m., effective November 7, 2018, 2:20 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend recreational fishing rules for White Salmon, Wind, and Lewis rivers.
Citation of Rules Affected by this Order: Repealing WAC 220-312-03000H; and amending WAC 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: This rule is needed to return the Wind and White Salmon rivers to permanent rule. Steelhead retention and night fishing were closed in August 2018 to limit steelhead impacts after the estimated A-index run-size was significantly reduced from preseason forecast. Passage of upriver summer steelhead at Bonneville Dam tends to be nearly complete by November 1, therefore the emergency closures are no longer necessary.
This rule is also needed to close salmon retention on the Lewis River from the mouth to Johnson Creek, as well as to close all fishing from Johnson Creek to Colvin Creek and in Cedar Creek from the mouth to Grist Mill Bridge. The Lewis River wild fall Chinook salmon run is tracking below the preseason forecast and is currently projected not to meet the escapement goal for this population. The hatchery coho return is also tracking well below forecast and the hatchery broodstock goals. Closing the lower Lewis River and Cedar Creek to salmon retention will increase the number of wild Chinook spawning, the number [of] coho returning to the Lewis River Hatchery, and help ensure fishing opportunities in future years. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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: November 7, 2018.
James B. Scott, Jr.
for Kelly Susewind
Director
NEW SECTION
WAC 220-312-03000IFreshwater exceptions to statewide rules—Southwest.
Notwithstanding the provisions of WAC 220-312-030, effective immediately until further notice:
(1) Cedar Creek (Clark Co.): From the mouth to Grist Mill Bridge, effective November 13, 2018 until further notice, all species: Closed waters.
(2) Drano Lake (Skamania Co.): In the waters downstream of markers on point of land downstream and across from Little White Salmon National Fish Hatchery and upstream of the Highway 14 Bridge: Closed waters.
(3) Lewis River (Clark/Cowlitz Co.):
(a) From the mouth to Johnson Creek, effective November 13, 2018 until further notice, salmon: Release all Chinook and coho.
(b) From Johnson Creek to Colvin Creek, effective November 13 until further notice, all species: Closed waters.
REPEALER
The following section of the Washington Administrative Code is repealed effectively immediately:
WAC 220-312-03000H | Freshwater exceptions to statewide rules—Southwest. (18-292) |