WSR 18-12-007 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 18-106—Filed May 23, 2018, 4:59 p.m., effective May 23, 2018, 4:59 p.m.] Effective Date of Rule: Immediately upon filing. Purpose: The purpose of this rule making is to allow nontreaty recreational fishing opportunity in the Columbia River while protecting fish listed as threatened or endangered under the Endangered Species Act (ESA). This rule making implements federal court orders governing Washington's relationship with treaty Indian tribes, federal law governing Washington's relationship with Oregon, and Washington fish and wildlife commission policy guidance for Columbia River fisheries. Citation of Rules Affected by this Order: 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 action provides additional recreational angling opportunity based upon an updated run size of upriver spring Chinook passage at Bonneville Dam that continues to be monitored. ESA impacts for wild fish are available to recreational fisheries in order to access hatchery fish. The fishery is consistent with the U.S. v. Oregon Management Agreement and the associated biological opinion. This action conforms Washington state rules with Oregon state rules and is consistent with the compact action of May 23, 2018. There is insufficient time to promulgate permanent rules. Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 0, Repealed 0; Federal Rules or Standards: New 1, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 23, 2018. Amy H. Windrope
for Joe Stohr Director
NEW SECTION
WAC 220-312-06000H Exceptions to statewide rules—Columbia River.
Notwithstanding the provisions of WAC 220-312-06000C and WAC 220-312-060, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:
(1) Salmon and Steelhead:
(a) Effective May 25 through June 6, 2018
(i) Open for boat and bank fishing for Chinook, coho, or steelhead from the Tongue Point/Rocky Point line to Beacon Rock, plus bank angling only from Beacon Rock upstream to the Bonneville Dam deadline.
(ii) Legal upstream boat boundary defined as: A deadline marker on the Oregon bank (approximately four miles downstream from Bonneville Dam Powerhouse One) in a straight line through the western tip of Pierce Island to a deadline marker on the Washington bank at Beacon Rock.
(iii) Daily limit is 6 salmonids, which includes no more than 2 adults, and no more than one adult chinook.
(iv) Release all salmon and steelhead other than adipose clipped fish.
(v) Salmon minimum length is 12 inches.
(b) Effective May 25 through June 15, 2018:
(i) Open to fishing for Chinook, coho, or steelhead from the Tower Island power lines in Bonneville Pool (located approximately 6 miles below The Dalles Dam) upstream to the Oregon and Washington border from boat or bank, plus the Washington bank between Bonneville Dam and the Tower Island power lines; hand-casted lines only.
(ii) Daily limit is 6 salmonids, which includes no more than 2 adults, and no more than one adult chinook.
(iii) Release all salmon and steelhead other than adipose clipped fish.
(iv) Salmon minimum size is 12 inches.
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