[Order 20-171—Filed August 31, 2020, 2:31 p.m., effective September 1, 2020]

Effective Date of Rule: September 1, 2020.

Purpose: Amends freshwater fishing rules for the Snake River.

Citation of Rules Affected by this Order: Repealing WAC 220-312-05000F and 220-312-05000H; and amending WAC 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 emergency rule is needed to open salmon seasons in the Snake River, effective September 1, 2020. The 2020 Columbia River forecasted return for Upriver Bright adult Chinook is 233,400 fish, with 18,150 of these fish expected to return to the Snake River. This forecast is large enough to allow for Chinook harvest in the Snake River. The Upriver Bright stock primarily returns to the Hanford Reach and Snake River sections of the Columbia River and the US v. OR Management Agreement reaches only to the confluence of the Snake River. There is no Endangered Species Act component in this section of the Columbia River, and Washington has its own Fisheries Management and Evacuation Plan with Idaho for the Snake River itself. Because of these factors, management and the opening of this fishery by emergency rule is needed to maintain concurrency with Idaho's salmon rules and season openings for the Snake River. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 31, 2020.

WAC 220-312-05000HFreshwater exceptions to statewide rules—Eastside.

Effective September 1 through October 31, 2020 the following provisions of WAC 220-312-050 regarding salmon seasons for the Snake River shall be as described below. All other provisions of WAC 220-312-050 not addressed herein, or unless otherwise amended by emergency rule, remain in effect:

Snake River (Franklin/Walla Walla Counties):

(1) from the mouth of the Snake River (Burbank to Pasco railroad bridge at Snake River mile 1.25) to Lower Granite Dam: Salmon:

(a) Adult daily limit is 3 hatchery Chinook.

(b) No daily limit for jack Chinook. Jack Chinook may be wild or hatchery.

(d) Salmon that are not to be kept as part of the daily limit may not be removed from the water and must be released immediately and unharmed.

(2) from the downstream edge of the large power lines crossing the Snake River (just upstream from West Evans Road on the south shore, approximately 3 miles below Clarkston) upstream to the Oregon state line: Salmon:

(e) Adult daily limit is 3 Chinook of which no more than 1 may be wild.

(f) No daily limit for jack Chinook. Jack Chinook may be wild or hatchery.

(g) Release all salmon other than Chinook.

(h) Salmon that are not to be kept as part of the daily limit may not be removed from the water and must be released immediately and unharmed.

The following section of the Washington Administrative code is repealed effective September 1, 2020:

Freshwater exceptions to statewide rules—Eastside.

The following section of the Washington Administrative code is repealed effective November 1, 2020:

Freshwater exceptions to statewide rules—Eastside.