WSR 19-08-061
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-47—Filed March 29, 2019, 1:53 p.m., effective March 29, 2019, 1:53 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amends recreational steelhead fishing rules for the Columbia River.
Citation of Rules Affected by this Order: 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: This restriction is necessary to protect upper Columbia River steelhead. Steelhead fisheries remain closed in all areas of the upper Columbia River and tributaries due to the low returns in 2018. Restricting the fishery to Ringold Springs-origin hatchery steelhead (those marked by clipped adipose and right ventral fins) will provide anglers the opportunity to harvest hatchery steelhead while reducing impacts to upper Columbia River steelhead. This emergency rule also implements at the Ringold access area fishery a voluntary barbless hook policy approved by the Washington fish and wildlife commission in early March. There is insufficient time to promulgate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 28, 2019.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-06000FExceptions to statewide rulesColumbia 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, effective April 1 through April 15, 2019:
From .25 mile downstream of the Ringold Wasteway outlet to .5 mile upstream of Spring Creek:
(a)  The use of barbed hooks for steelhead is permissible.
(b)  Fishing is allowed only from the bank and only on the hatchery side of the river.
(c) Steelhead: Daily limit 2 hatchery steelhead with both the adipose and right ventral fin clipped as evidenced by a healed scar. Release all other steelhead.