WSR 20-22-050
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-238—Filed October 29, 2020, 11:00 a.m., effective November 1, 2020]
Effective Date of Rule: November 1, 2020.
Purpose: The purpose of this rule is to open hatchery steelhead retention from the Dalles Dam to the Highway 395 Bridge at Pasco.
Citation of Rules Affected by this Order: Repealing WAC 220-312-06000B and 220-312-06000C; and amending WAC 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 needed to allow retention of hatchery steelhead upstream of the Dalles Dam. Endangered Species Act impacts to A and B index steelhead are projected to be less than 0.1%, which is below the remaining available balance. This action is needed to make rules concurrent with those of Oregon and as agreed to preseason during the North of Falcon process. There is insufficient time to adopt permanent regulations.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 29, 2020.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-06000CFreshwater exceptions to statewide rulesColumbia River.
Effective November 1 through December 31, 2020, the provisions of WAC 220-312-060 regarding recreational sturgeon seasons in the Columbia River downstream of Bonneville Dam and the Cowlitz River and Columbia River salmon and steelhead seasons from the mouth (Buoy 10) to the Hwy. 395 Bridge at Pasco, shall be as described below. All other provisions of WAC 220-312-060 not addressed herein remain in effect unless otherwise amended by emergency rule:
(1) From a true North and South line through Buoy 10 to a projected line from Rocky Point on the Washington bank through Red Buoy 44 to the red navigation marker 2 at Tongue Point on the Oregon Bank (the Rocky Point/Tongue Point line), and including Youngs Bay: Salmon and steelhead:
Effective November 1 through December 31, 2020: Daily limit 6. Up to 2 adults may be retained, of which no more than 1 may be a hatchery steelhead. Release all salmon other than Chinook and hatchery coho. Release wild steelhead.
(2) From the Rocky Point/Tongue Point line to Bonneville Dam: Salmon and steelhead:
Effective November 1 through December 31, 2020: Daily limit 6. Up to 2 adults may be retained, of which no more than 1 may be a hatchery steelhead. Release all salmon other than Chinook and hatchery coho. Release wild steelhead.
(3) From Bonneville Dam to Hood River Bridge: Salmon and steelhead:
Effective November 1 through December 31, 2020: Daily limit 6. Up to 2 adults may be retained, of which no more than 1 may be a hatchery steelhead. Release all salmon other than Chinook and hatchery coho. Release wild steelhead.
(4) From the Hood River Bridge to the Dalles Dam: Salmon and steelhead:
Effective November 1 through December 31, 2020: Daily limit 6. Up to 2 adults may be retained, of which no more than 1 may be a hatchery steelhead. Release all salmon other than Chinook and coho. Release wild steelhead.
(5) From the Dalles Dam to Hwy. 395 Bridge at Pasco: Salmon and steelhead:
Effective November 1 through December 31, 2020. Daily limit 6. Up to 2 adults may be retained, of which no more than 1 may be a hatchery steelhead. Release all salmon other than Chinook and coho. Release wild steelhead.
REPEALER
The following section of Washington Administrative Code is repealed, effective November 1, 2020:
WAC 220-312-06000B
Freshwater exceptions to statewide rulesColumbia River. (20-218)
The following section of Washington Administrative Code is repealed, effective January 1, 2021:
WAC 220-312-06000C
Freshwater exceptions to statewide rulesColumbia River.