[Order 20-143—Filed July 28, 2020, 2:27 p.m., effective August 3, 2020]

Effective Date of Rule: August 3, 2020.

Purpose: The purpose of this rule is to open sockeye seasons in Lake Wenatchee and increase the daily sockeye limit in the upper mainstem Columbia River from Priest Rapids Dam upstream.

Citation of Rules Affected by this Order: Repealing WAC 220-312-06000N, 220-312-06000T and 220-312-05000E; and amending WAC 220-312-060 and 220-312-050.

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 needed to open sockeye seasons in Lake Wenatchee and increase sockeye daily limits in the upper Columbia River. The U.S. v. Oregon technical advisory committee (TAC) updated the sockeye salmon run to approximately three hundred forty thousand. At this updated run size there are additional surplus sockeye available for harvest in both Lake Wenatchee and the mainstem Columbia River. The TAC is comprised of representatives from Washington, Oregon, Idaho, national oceanic and atmosphere association, and the treaty tribes and are responsible for developing preseason and in-season run forecast that salmon season[s] are based on.

Immediate adoption of this rule is necessary for the preservation of the public health, safety, or general welfare. Observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 3.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 28, 2020.

WAC 220-312-06000TFreshwater exceptions to statewide rules—Columbia

Effective August 3 through October 15, 2020, provisions of WAC 220-312-060 and 220-220-160 regarding Columbia River salmon seasons and the use of the Two-pole Endorsement from Priest Rapids Dam upstream are modified as described below. All other provisions of WAC 220-312-060 and WAC 220-220-160 not addressed herein, or unless otherwise amended by emergency rule remain in effect:

(1) From Priest Rapids Dam to Rock Island Dam:

Salmon: Effective August 3 through August 31, 2020: Daily limit is 6; of which, up to 2 adult hatchery Chinook and up to 4 sockeye may be retained. Release coho and wild adult Chinook.

(2) From Rock Island Dam to Wells Dam:

(a) Salmon: Effective August 3 through October 15, 2020: Daily limit is 6; of which, up to 2 adult hatchery Chinook and up to 4 sockeye may be retained. Release coho and wild adult Chinook.

(b) Anglers who possess a valid two-pole endorsement may fish with two lines through October 15, 2020.

(3) From Wells Dam to the Highway 173 Bridge at Brewster:

(a) Salmon: Effective August 3 through September 15: Daily limit is 6; of which, up to 2 adult hatchery Chinook and up to 4 sockeye may be retained. Release coho and wild adult Chinook.

(b) Anglers who possess a valid two-pole endorsement may fish with two lines through September 15, 2020.

(4) From the Highway 173 Bridge at Brewster to the rock jetty at the upstream shoreline of Foster Creek (Douglas County side):

(a) Salmon: Effective August 3 through October 15, 2020: Daily limit is 6; of which, up to 2 adult hatchery Chinook and up to 4 sockeye may be retained. Release coho and wild adult Chinook.

(b) Anglers who possess a valid two-pole endorsement may fish with two lines through October 15, 2020.

WAC 220-312-05000EFreshwater exceptions to statewide rules—Eastside

Effective August 3 through September 7, 2020, provisions of WAC 220-312-050 regarding salmon seasons in Lake Wenatchee are as described below. All other provisions of WAC 220-312-050 not addressed herein, or unless otherwise amended by emergency rule remain in effect:

Lake Wenatchee (Chelan County):

(a) Salmon:

(i) Daily limit 4 sockeye only. Release all other salmon.

(ii) Selective Gear Rules in effect.

(iii) Night Closure in effect.

(b) Release bull trout, steelhead and Chinook unharmed without removing the fish from the water.

The following section of the Washington Administrative Code is repealed effective August 3, 2020:

Freshwater exceptions to statewide rules—Columbia. (20-122)

The following section of the Washington Administrative Code is repealed effective October 16, 2020:

Freshwater exceptions to statewide rules—Columbia. (20-143)

The following section of the Washington Administrative Code is repealed effective September 8, 2020:

Freshwater exceptions to statewide rules—Eastside. (20-143)