WSR 18-23-002
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 18-311—Filed November 7, 2018, 2:45 p.m., effective November 7, 2018, 2:45 p.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 220-312-06000B; and amending WAC 220-312-060.
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: The mainstem Columbia River has been closed to salmon and steelhead fishing to limit impacts on the Endangered Species Act listed fall Chinook. By January, fall Chinook are no longer present in this portion of the river. This rule is needed return the mainstem Columbia River to permanent rules on January 1, 2019.
This rule is also needed to close steelhead fishing from Hwy. 395 Bridge at Pasco to the wooden powerline towers at the Old Hanford townsite. This year's return of Ringold Springs Hatchery steelhead is [the] lowest run on record to this facility by this date in the past eighteen years. Closing steelhead fishing in this section of the river will increase the number of hatchery fish available for broodstock needs to help insure [ensure] future hatchery returns.
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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 220-312-06000CFreshwater exceptions to statewide rules—Columbia River.
Notwithstanding the provisions of WAC 220-312-060, effective immediately until further notice 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 through December 31, 2018: Closed.
(b) HWY 395 Bridge at Pasco to the Old Hanford townsite powerline towers, steelhead, November 10, 2018 until further notice: Closed.
REPEALER
The following section of the Washington Administrative Code is repealed effective immediately:
WAC 220-312-06000B
Freshwater exceptions to statewide rules—Columbia River. (18-279)