WSR 20-12-048
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Filed May 28, 2020, 2:04 p.m., effective June 16, 2020]
Effective Date of Rule: June 16, 2020.
Purpose: This rule is needed [to] open sockeye salmon and steelhead seasons in the Columbia River from Megler Astoria Bridge to the Highway 395 Bridge at Pasco, and from the Interstate 182 Bridge to Priest Rapids Dam. This rule will also allow fishing from a vessel from Beacon Rock to the Hamilton Island boat ramp, a section that was previously restricted to bank fishing via emergency rule to protect spring Chinook.
Citation of Rules Affected by this Order: Repealing WAC 220-312-06000K; and amending WAC 220-312-060.
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 needed to open recreational salmon fishing opportunities in the Columbia River.
Washington closed fisheries statewide beginning March 25 to help combat the spread of COVID-19 in the state. This rule is pursuant to the Governor's Proclamation amendment 20-25.2, issued April 27, 2020, indicating that recreational activities including fishing may resume, when and where permitted beginning May 5, 2020.
The governor's proclamation amendment also includes requirements to exclude gatherings with people who are not members of the same household and maintain social distancing for the continued protection of public health and safety. These fishery openings considered that requirement as a basis for the decision to reopen fisheries, but do not incorporate those social distance elements within the regulations themselves. While not imposed in Washington department of fish and wildlife's (WDFW) fishery rules, they are and remain, a requirement of the governor's proclamation. Failure to abide by those social distance requirements could result in increased health risks requiring future fishery closures.
Sockeye retention will be allowed, while Chinook seasons that are typically open will be closed and steelhead limits are reduced. Sockeye runs are projected to be higher than in recent years, while steelhead and summer Chinook runs are projected to be lower than in recent years.
These rules are consistent with agreements made during the 2020 North of Falcon season setting process. 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: May 28, 2020.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-06000LFreshwater exceptions to statewide rules—Columbia
Effective June 16 through July 31, 2020, provisions of WAC 220-312-060 regarding Columbia River salmon and steelhead seasons are modified as described below. All other provisions of WAC 220-312-060 not addressed herein remain in effect unless otherwise amended.
(1) From Megler Astoria Bridge to Hwy. 395 Bridge at Pasco:
Salmon and steelhead: Effective June 16 through July 31, 2020: Daily limit is 2, up to 2 salmon or 1 salmon and 1 steelhead may be retained. Release all salmon other than sockeye.
(2) From the Interstate 182 Bridge to Priest Rapids Dam
Salmon and steelhead: Effective June 16 through July 31, 2020: Daily limit is 2 salmon. Release all salmon and steelhead other than sockeye.
REPEALER
The following section of the Washington Administrative Code is repealed effective June 16, 2020:
WAC 220-312-06000K | Freshwater exceptions to statewide rules—Columbia (20-79) |