WSR 23-15-004
[Order 23-114—Filed July 5, 2023, 4:53 p.m., effective July 6, 2023]
Effective Date of Rule: July 6, 2023.
Purpose: The purpose of this emergency rule is to return a portion of the Klickitat River to permanent rules.
Citation of Rules Affected by this Order: Repealing WAC 220-312-03000D; and amending WAC 220-312-030.
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 necessary to return lower Klickitat River salmon rules to permanent rules.
The Klickitat River salmon season was closed earlier this year due to low returns of spring Chinook to the Klickitat Salmon Hatchery. Fishery comanagers have indicated most of the spring Chinook return has passed above Lyle Falls into the upper river, making continued closure of the hatchery Chinook fishery in the lower river unnecessary.
This rule also carries forward emergency rules previously filed in WSR 23-14-083 (Order 23-112), on June 29, 2023, for Klickitat and Lewis rivers.
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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 6, 2023.
Amy H. Windrope
for Kelly Susewind
WAC 220-312-03000EFreshwater exceptions to statewide rulesSouthwest.
Effective immediately, through July 31, 2023, the provisions of WAC 220-312-030 regarding Klickitat River and Lewis River salmon seasons shall be modified during times and as described below. All other provisions of WAC 220-312-030 not addressed herein remain in effect unless otherwise amended by emergency rule:
(1) Klickitat River (Klickitat Co.): From 400 feet upstream from #5 fishway to boundary markers below Klickitat Salmon hatchery: Effective immediately, until further notice:
Salmon: Closed.
(2) Lewis River (Clark/Cowlitz Co.): From the mouth to Colvin Creek:
Salmon: Daily limit 6 including no more than 1 adult. Release all salmon other than hatchery Chinook.
The following section of the Washington Administrative Code is repealed, effective July 6, 2023:
WAC 220-312-03000D
Freshwater exceptions to statewide rulesSouthwest. (23-112)