WSR 20-03-175
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-11—Filed January 22, 2020, 9:59 a.m., effective January 22, 2020, 9:59 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amends recreational fishing rules for the Columbia and Snake rivers.
Citation of Rules Affected by this Order: Repealing WAC 220-312-05000V and 220-312-06000D; and amending WAC 220-312-050 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: This rule is necessary to close retention of white sturgeon in the McNary Pool on the Columbia River and from the mouth to Ice Harbor Dam on the Snake River. These rules are currently in process of becoming permanent and were approved at the December 2019 commission meeting. This rule also carries forward emergency rules regarding steelhead already in place for the Columbia and Snake rivers. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 22, 2020.
Amy H. Windrope
for Kelly Susewind
Director
NEW SECTION
WAC 220-312-06000EFreshwater exceptions to statewide rulesColumbia
Notwithstanding the provisions of WAC 220-312-060:
(1) From McNary Dam upstream to the Hwy. 395 Bridge (Pasco/Kennewick):
(a) Effective immediately through March 31, 2020: Closed to angling for and retention of steelhead.
(b) Effective February 1, 2020 until further notice: Closed to retention of white sturgeon.
(2) From the Hwy. 395 Bridge (Pasco/Kennewick) to Old Hanford townsite powerline crossing:
(a) Effective immediately through April 15, 2020: Closed to angling for and retention of steelhead.
(b) Effective February 1, 2020 until further notice: Closed to retention of white sturgeon.
(3) From the Old Hanford townsite powerline crossing to boundary markers 650 feet downstream of the fish ladders Priest Rapids Dam: Effective February 1, 2020 until further notice: Closed to retention of white sturgeon.
NEW SECTION
WAC 220-312-05000WFreshwater exceptions to statewide rulesEastside.
Notwithstanding the provisions of WAC 220-312-050:
(1) Grande Ronde River (Asotin County): from the mouth to the Washington/Oregon boundary: Effective immediately through April 15, 2020: Steelhead daily limit is 1 hatchery steelhead, anglers must stop fishing for steelhead after their daily limit has been retained.
(2) Snake River (Franklin/Walla Wall Counties):
(a) From the mouth (Burbank-to-Pasco railroad bridge at river mile 1.25) to Ice Harbor Dam:
(i) Effective immediately through March 31, 2020: Closed to fishing for and retaining steelhead.
(ii) Effective February 1, 2020 until further notice: Closed to retention of white sturgeon.
(b) From Ice Harbor Dam to Couse Creek Boat Ramp: Effective immediately through March 31, 2020: Closed to fishing for and retaining steelhead.
(c) From Couse Creek Boat Ramp to ID/OR border: Effective immediately through March 31, 2019: Steelhead daily limit is 1 hatchery steelhead, anglers must stop fishing for steelhead after their daily limit has been retained.
(3) Touchet River (Walla Walla County): from mouth to the confluence of North and South Forks: Effective immediately through April 15, 2020: Steelhead daily limit is 1 hatchery steelhead, anglers must stop fishing for steelhead after their daily limit has been retained.
(4) Tucannon River (Columbia/Garfield Counties): from mouth to the Tucannon Hatchery Road Bridge: Effective immediately through April 15, 2020: Steelhead daily limit is 1 hatchery steelhead, anglers must stop fishing for steelhead after their daily limit has been retained.
(5) Walla Walla River (Walla Walla County): from mouth to the Washington/Oregon border: Effective immediately through April 15, 2020: Steelhead daily limit is 1 hatchery steelhead, anglers must stop fishing for steelhead after their daily limit has been retained.
Reviser's note: The spelling 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 sections of the Washington Administrative Code are repealed:
WAC 220-312-06000D
Freshwater exceptions to statewide rulesColumbia (19-312)
WAC 220-312-05000V
Freshwater exceptions to statewide rulesEastside (19-313)