WSR 19-24-026
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-295—Filed November 22, 2019, 2:27 p.m., effective November 23, 2019]
Effective Date of Rule: November 23, 2019.
Purpose: Amends recreational fishing rules for Cowlitz, Kalama, Lewis, Washougal rivers, and Cedar Creek and its tributaries.
Citation of Rules Affected by this Order: Repealing WAC 220-312-03000G and 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 emergency rule is needed to correct a previous filing (WSR 19-24-013) that would have inadvertently opened a section of the Lewis River, which is utilized by spawning Chinook, earlier than intended. This rule places previously filed coho restrictions on the intended waters at the appropriate times. Coho salmon returns to tributary hatcheries in the Lower Columbia Basin have been below levels needed to meet broodstock collection goals for some programs. These programs can utilize coho salmon collected at hatcheries located in the above tributaries when brood shortfalls occur. Modifying coho fisheries on these rivers will provide additional fish for these hatchery programs and help ensure future hatchery returns and fishing opportunities. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 21, 2019.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-03000HFreshwater exceptions to statewide rules—Southwest.
Notwithstanding the provisions of WAC 220-312-030, effective November 23, 2019:
(1) Cowlitz River (Cowlitz/Lewis Co.), from the mouth to the posted markers 400 feet below the Barrier Dam; salmon, effective immediately through December 31, 2019:
(a) Daily limit 6; up to 1 adult may be retained.
(b) Release all salmon other than hatchery coho.
(2) Toutle River (Cowlitz Co.), from the mouth to the forks; salmon, effective immediately through November 30, 2019:
(a) Daily limit 6; up to 4 adults may be retained, of which up to 1 may be a Chinook.
(b) Release all salmon other than hatchery Chinook and hatchery coho.
(3) 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 through November 30, 2019:
(a) Daily limit 6; up to 4 adults may be retained, of which only 1 may be a Chinook.
(b) Release all salmon other than hatchery Chinook and hatchery coho.
(4) Green River (Cowlitz Co.), from the mouth to Miners creek; effective immediately through November 30, 2019:
(a) Closed waters: From 400 feet below to 400 feet above the water intake at the upper end of the hatchery.
(b) Salmon: Daily limit 6; up to 4 adults may be retained, of which up to 1 may be a Chinook. Release all salmon other than hatchery Chinook and hatchery coho.
(5) Kalama River (Cowlitz Co.), from the mouth to 1,000 feet below the fishway at the upper salmon hatchery; salmon, effective immediately through December 31, 2019:
(a) Daily limit 6; up to 3 adults may be retained, of which 1 may be a coho.
(b) Release all salmon other than hatchery Chinook and hatchery coho.
(6) Lewis River (Clark/Cowlitz Co.):
(a) From the mouth to Colvin Creek; salmon, effective immediately through December 31, 2019:
(I) Daily limit 6, up to 2 adult Chinook may be retained.
(II) Release all salmon other than Chinook and hatchery jack coho.
(b) From Colvin Creek to the overhead power lines below Merwin Dam; salmon, effective December 16, through December 31, 2019:
(I) Daily limit 6, up to 2 adult Chinook may be retained.
(II) Release all salmon other than Chinook and hatchery jack coho.
(7) Cedar Creek (Clark Co.), from the mouth upstream, including all tributaries; salmon, effective immediately through December 31, 2019:
(a) Daily limit 6, up to 2 adult Chinook may be retained.
(b) Release all salmon other than hatchery Chinook and hatchery jack coho.
(8) Washougal River (Clark/Skamania Co.), from the mouth to the bridge at Salmon Falls; salmon, effective immediately through December 31, 2019:
(a) Daily limit 6, up to 1 adult may be retained.
(b) Release all salmon other that hatchery Chinook and hatchery jack coho.
(9) Wind River (Skamania Co.):
(a) From 100 feet above Shipherd Falls to Moore Bridge: Effective immediately through November 30, 2019: Closed waters.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW
34.08.040.
REPEALER
The following section of the Washington Administrative Code is repealed, effective November 23, 2019:
WAC 220-312-03000G | Freshwater exceptions to statewide rules—Southwest. (19-291) |
The following section of the Washington Administrative Code is repealed effective January 1, 2020:
WAC 220-312-03000H | Freshwater exceptions to statewide rules—Southwest. (19-294) |