WSR 26-14-018
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 26-113—Filed June 18, 2026, 3:14 p.m., effective June 20, 2026]
Effective Date of Rule: June 20, 2026.
Purpose: This emergency rule closes Columbia River sockeye retention seasons.
Citation of Rules Affected by this Order: Repealing WAC 220-312-06000C; and 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 rule is necessary to modify previously adopted and ongoing sockeye retention seasons in the mainstem Columbia River downstream of Chief Joseph Dam. Sockeye retention seasons were established during the North of Falcon season-setting process and were based on a forecast of 274,900 adult sockeye returning to the Columbia River mouth. Current in-season passage at Bonneville Dam indicates the return is tracking well below preseason expectations. Season modifications are necessary to reduce projected fishery impacts under lower-than-expected abundance conditions and to remain within area-specific harvest allocations while meeting conservation objectives. This rule implements Washington state and joint state action taken on June 18, 2026. The Endangered Species Act (ESA) impacts and allowable harvest allocations are available to recreational fisheries in order to access salmon and steelhead. These fisheries are consistent with the U.S. v. Oregon Management Agreement and the associated biological opinion. Conforms Washington state rules with Oregon state rules. The general public welfare is protected by maintaining limited recreational opportunity while reducing impacts to align with current run size expectations. This action allows continued public use of the resource while supporting sustainable fish populations.
Washington and Oregon jointly regulate Columbia River fisheries under the congressionally ratified Columbia River Compact. Four Indian tribes have treaty fishing rights in the Columbia River. The treaties preempt state regulations that fail to allow the tribes an opportunity to take a fair share of the available fish, and the states must manage other fisheries accordingly. Sohappy v. Smith, 302 F. Supp. 899 (D. Or. 1969). A court order sets the current parameters. United States v. Oregon, Civil No. 68-513-KI (D. Or.), Order Adopting 2018-2027 United States v. Oregon Management Agreement (February 26, 2018) (Doc. No. 2607-1). Some salmon and steelhead stocks in the Columbia River are listed as threatened or endangered under ESA. On February 23, 2018, the National Marine Fisheries Service issued a biological opinion under 16 U.S.C. § 1536 that allows for some incidental take of these species in the fisheries as described in the 2018-2027 U.S. v. Oregon Management Agreement.
Some Columbia River Basin salmon and steelhead stocks are listed as threatened or endangered under ESA. The Washington and Oregon fish and wildlife commissions (commission) have developed policies to guide the implementation of such biological opinions in the states' regulation of nontreaty fisheries.
Columbia River nontreaty fisheries are monitored very closely to ensure compliance with federal court orders, ESA, and commission guidelines. Because conditions change rapidly, the fisheries are managed almost exclusively by emergency rule. Representatives from the Washington (WDFW) and Oregon (ODFW) departments of fish and wildlife convene public hearings and take public testimony when considering proposals for new emergency rules. WDFW and ODFW then adopt regulations reflecting agreements reached.
Additionally, the closure area at the mouth of Tanner Creek is necessary to concur with rules placed by Oregon for protection of sockeye returning to Bonneville Hatchery. The Bonneville Hatchery is facilitating a reintroduction program for Wallowa Lake. There is insufficient time to promulgate 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: June 18, 2026.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-06000EFreshwater exceptions to statewide rules—Columbia River.
Effective June 20 through August 31, 2026, the provisions of WAC 220-312-060 regarding recreational salmon and steelhead seasons from the Megler-Astoria Bridge to Priest Rapids Dam, shall be modified as described in this section except in areas closed to fishing for salmon and steelhead year-round in WAC 220-312-060. All other provisions of WAC 220-312-060 not addressed herein remain in effect unless otherwise amended by emergency rule:
(1) From the Megler-Astoria Bridge upstream to The Dalles Dam:
(a) June 20 through June 26:
(i) Salmon and steelhead: Daily limit 6, no more than 1 steelhead may be retained. Release all salmon and steelhead other than hatchery jack Chinook and hatchery steelhead.
(ii) Continuing to fish for salmon and steelhead is unlawful once the daily steelhead limit has been retained.
(b) June 27 through July 5:
(i) Salmon and steelhead: Daily limit 6, no more than 2 adults may be retained of which no more than 1 may be a steelhead. Release all salmon and steelhead other than hatchery jack Chinook, sockeye, and hatchery steelhead.
(ii) Continuing to fish for salmon and steelhead is unlawful once the adult salmon and steelhead daily limit has been retained.
(c) July 6 through July 31:
(i) Salmon and steelhead: Daily limit 6, no more than 1 steelhead may be retained. Release all salmon and steelhead other than hatchery jack Chinook and hatchery steelhead.
(ii) Continuing to fish for salmon and steelhead is unlawful once the daily steelhead limit has been retained.
(d) From a line between markers located on the Oregon shore 450 feet downstream and 150 feet upstream of the Tanner Creek mouth out to the center of Columbia River is Closed Waters for all species through July 15.
(2) From The Dalles Dam upstream to a line starting from a fishing boundary sign on the Washington north shore located approximately 1300' upstream of The Dalles Dam and Lock boat ramp projected easterly across the Columbia River to a boundary sign on the Washington southern shore located approximately 200' above the fish ladder exit:
Closed to fishing for and retention of salmon and steelhead.
(3) From a line starting from a fishing boundary sign on the Washington north shore located approximately 1300' upstream of The Dalles Dam and Lock boat ramp projected easterly across the Columbia River to a boundary sign on the Washington south shore located approximately 200' above the fish ladder exit upstream to Hwy. 395 Bridge at Pasco:
(a) June 20 through June 26:
(i) Salmon and steelhead: Daily limit 6, no more than 1 steelhead may be retained. Release all salmon and steelhead other than hatchery jack Chinook and hatchery steelhead.
(ii) Continuing to fish for salmon and steelhead is unlawful once the daily steelhead limit has been retained.
(b) June 27 through July 5:
(i) Salmon and steelhead: Daily limit 6, no more than 2 adults may be retained of which no more 1 may be a steelhead. Release all salmon and steelhead other than hatchery jack Chinook, sockeye, and hatchery steelhead.
(ii) Continuing to fish for salmon and steelhead is unlawful once the adult salmon and steelhead daily limit has been retained.
(c) July 6 through July 31:
(i) Salmon and steelhead: Daily limit 6, no more than 1 steelhead may be retained. Release all salmon and steelhead other than hatchery jack Chinook and hatchery steelhead.
(ii) Continuing to fish for salmon and steelhead is unlawful once the daily steelhead limit has been retained.
(4) From Columbia Point (approximately 1/3 mile downstream of I-182 Bridge) upstream to I-182 Bridge:
June 20 through July 31: Closed to fishing for and retention of salmon.
(5) From I-182 Bridge upstream to Priest Rapids Dam:
June 20 through July 31: Closed to fishing for and retention of salmon.
(6) From Priest Rapids Dam upstream to Chief Joseph Dam:
July 1 through August 31: Closed to fishing for and retention of salmon.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040. REPEALER
The following section of the Washington Administrative Code is repealed, effective June 20, 2026:
WAC 220-312-06000C | Freshwater exceptions to statewide rules—Columbia River. (Order 26-95) |