WSR 19-18-037
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-202—Filed August 29, 2019, 11:34 a.m., effective September 1, 2019]
Effective Date of Rule: September 1, 2019.
Purpose: Amend recreational steelhead and salmon rules for the Columbia, Klickitat, Lewis, White Salmon, and Wind rivers.
Citation of Rules Affected by this Order: Repealing WAC 220-312-03000Y and 220-312-06000T; and amending WAC 220-312-030 and 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 Columbia River upriver steelhead run-size was recently downgraded. Some Washington hatcheries are projecting broodstock collection shortfalls. Closing retention of hatchery steelhead in the listed tributary reaches and lower mainstem Columbia will help to provide additional fish for hatchery broodstock and provide future fishing opportunity. This action is consistent with Columbia River Compact action taken August 28, 2019.
This rule also reopens Chinook retention on the Lewis River from Johnson Creek to the overhead power lines below Merwin Dam by reverting to permanent rules as listed in the regulation pamphlet. This rule provides anglers opportunity for fall Chinook as hatchery collection of spring Chinook will be completed by September 1.
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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 28, 2019.
James B. Scott, Jr.
for Kelly Susewind
Director
NEW SECTION
WAC 220-312-03000AFreshwater exceptions to statewide rules—Southwest.
Notwithstanding the provisions of WAC 220-312-030, effective September 1, 2019:
(1) Klickitat River (Klickitat Co.): From the mouth to Fisher Hill Bridge: Effective immediately through September 30, 2019: Release all steelhead.
(2) Toutle River, North Fork (Cowlitz Co.), from the mouth (confluence with South Fork) to posted markers downstream of the fish collection facility; salmon, effective immediately until further notice:
(a) Daily limit 6; up to 4 may be adults.
(b) Release all salmon other than hatchery coho.
(3) White Salmon River (Klickitat/Skamania Co.): From the mouth (Burlington Northern Railroad Bridge) to the county road bridge below the former location of the powerhouse: Effective immediately through September 30, 2019: Release all steelhead.
(4) Wind River (Skamania Co.): From the mouth to 400 feet downstream of Shipherd Falls fish ladder: Effective immediately through September 30, 2019: Release all steelhead.
NEW SECTION
WAC 220-312-06000UFreshwater exceptions to statewide rules—Columbia
Notwithstanding the provisions of WAC 220-312-060, effective September 1, 2019:
(1) From Buoy 10 upstream to The Dalles Dam; salmon and steelhead; effective immediately through September 30, 2019: Release all steelhead.
(2) From the upstream line of Rocky Reach Dam to the boundary markers 400' below the spawning channel discharges (on Chelan County side) and the fish ladder (on Douglas County side) at Wells Dam; salmon; effective immediately through October 15, 2019:
(a) Daily limit 6.
(b) No more than 2 adult Chinook may be retained.
(c) Release wild adult Chinook, sockeye, and coho.
(d) Anglers who possess a valid two-pole endorsement may fish for salmon with two lines.
(3) From the Highway 173 Bridge at Brewster upstream to the Highway 17 Bridge near Bridgeport; salmon; effective immediately until further notice:
(a) Daily limit 6.
(b) No more than 2 adult Chinook may be retained.
(c) Release wild adult Chinook, sockeye, and coho.
(d) Anglers who possess a valid two-pole endorsement may fish for salmon with two lines.
REPEALER
The following sections of the Washington Administrative Code are repealed effective September 1, 2019:
WAC 220-312-06000T
Freshwater exceptions to statewide rules—Columbia (19-170)
WAC 220-312-03000Y
SouthwestFreshwater exceptions to statewide rules. (19-168)