WSR 19-12-067
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-101—Filed May 31, 2019, 1:50 p.m., effective June 1, 2019]
Effective Date of Rule: June 1, 2019.
Purpose: Amends recreational fishing rules for the Columbia River from the Washington/Oregon border to Chief Joseph Dam and Columbia River tributaries from Buoy 10 to McNary Dam.
Citation of Rules Affected by this Order: Amending WAC 220-312-030 and 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 make the use of barbless hooks voluntary during salmon and steelhead directed fisheries in the Columbia River mainstem from Buoy 10 to Chief Joseph Dam and Columbia River tributaries downstream of McNary Dam (removing the barbless hook requirements for all species in areas with selective gear rules and fly-fishing only requirements will reduce confusion by providing consistent regulations for species in those areas). This rule implements the policy direction provided by the commission on March 2, 2019, to make the use [of] barbless hooks voluntary for salmon and steelhead fisheries in the Columbia River and its tributaries. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 31, 2019.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-03000RFreshwater exceptions to statewide rules—Southwest.
Notwithstanding the provisions of WAC 220-312-030,effective June 1, 2019 until further notice:
(1) Barbed hooks are allowed for salmon and steelhead in the following waters:
(a) Blue Creek (Lewis County), from the mouth to Spencer Road
(b) Cispus River (Lewis County)
(c) Coweeman River and tributaries (Cowlitz County)
(d) Cowlitz Falls Reservoir (Lake Scanewa) (Lewis County)
(e) Drano Lake (Skamania County)
(f) Elochoman River (Wahkiakum County)
(g) Grays River (Wahkiakum County)
(h) Grays River, West Fork (Wahkiakum County)
(i) Kalama River (Cowlitz County)
(j) Klickitat River (Klickitat County)
(k) Lewis River (Clark County)
(l) Rock Creek (Skamania County)
(m) Tilton River (Lewis County)
(n) Toutle River (Cowlitz County)
(o) Toutle River, North Fork (Cowlitz County)
(p) Washougal River (Clark County)
(q) Washougal River, West (North) Fork (Clark/Skamania counties)
(r) White Salmon River (Klickitat/Skamania counties)
(2) Barbed hooks are allowed for salmon, steelhead, and cutthroat in the Cowlitz River (Cowlitz County)
(3) Selective gear rules, except: barbed hooks are allowed in the following waters:
(a) Abernathy Creek and tributaries (Cowlitz County)
(b) Cedar Creek and tributaries (tributary of N.F. Lewis) (Clark County)
(c) Coal Creek (Cowlitz County)
(d) Delameter Creek (Cowlitz County)
(e) Germany Creek (Cowlitz County) and all tributaries.
(f) Grays River (Wahkiakum County)
(g) Grays River, East Fork (Wahkiakum County)
(h) Grays River, South Fork (Wahkiakum County)
(i) Grays River, West Fork tributaries (Wahkiakum County)
(j) Green River (Cowlitz County)
(k) Hamilton Creek (Skamania County)
(l) Kalama River (Cowlitz County): From 1,000 feet above fishway at upper salmon hatchery to Summers Creek and from the intersection of 6000 and 6420 Rds. to 6600 Rd. bridge immediately downstream of Jacks Creek.
(m) Lacamas Creek (Clark County): From mouth to footbridge at lower falls.
(n) Lacamas Creek, tributary of Cowlitz River (Lewis County)
(o) Lewis River, East Fork (Clark/Skamania counties): From mouth to 400 feet below Horseshoe Falls.
(p) Little Washougal River (Clark County)
(q) Mill Creek (Cowlitz County)
(r) Mill Creek (Lewis County): From the mouth to the hatchery road crossing culvert.
(s) Olequa Creek (Lewis/Cowlitz counties)
(t) Outlet Creek (Silver Lake) (Cowlitz County)
(u) Salmon Creek (Clark County): From the mouth to 182nd Avenue Bridge.
(v) Salmon Creek (Lewis County)
(w) Skamokawa Creek (Wahkiakum County)
(x) Stillwater Creek (Lewis County)
(y) Swift Reservoir (Skamania County): From the posted markers approximately 3/8 mile below Eagle Cliff Bridge to the bridge; from the Saturday before Memorial Day through July 15.
(z) Toutle River, North Fork (Cowlitz County): From the mouth to the posted deadline below the fish collection facility.
(aa) Wind River (Skamania County): from 100 feet above Shipherd Falls to Moore Bridge.
(bb) White Salmon River (Klickitat/Skamania counties): From the county road bridge below the former location of the powerhouse upstream to Big Brother Falls (river mile 16).
(4) Fly fishing only, except: use of barbed hooks is allowed in the Kalama River (Cowlitz County): From Summers Creek to the intersection of 6000 and 6420 Rds.
NEW SECTION
WAC 220-312-06000NExceptions to statewide rules—Columbia River.
Notwithstanding the provisions of WAC 220-312-060, effective June 1, 2019 until further notice; barbed hooks are allowed for salmon and steelhead in the Columbia River from a true north-south line through Buoy 10 to Chief Joseph Dam.