WSR 18-18-019
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 18-215—Filed August 24, 2018, 2:44 p.m., effective August 27, 2018]
Effective Date of Rule: August 27, 2018.
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. 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: Repealing WAC 220-312-06000U; 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 emergency rule is needed for additional steelhead restrictions in the Columbia River. This action is being taken to reduce steelhead impacts due to the run-size downgrade to one hundred ten thousand three hundred A and B index fish from the preseason forecast of one hundred eighty-two thousand four hundred. There is insufficient time to promulgate permanent rules.
Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 0, Repealed 1; Federal Rules or Standards: New 1, Amended 0, Repealed 1; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 1.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 24, 2018.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-06000VFreshwater exceptions to statewide rules—Columbia River.
Notwithstanding the provisions of WAC 220-312-060, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:
(a) Mouth of the Columbia River from Buoy 10 to the HWY 395 Bridge at Pasco.
(i) Release all steelhead from August 27, 2018 until further notice.
(ii) Closed to fishing at night for salmon and steelhead immediately until further notice.
(b) Priest Rapids Dam to Rock Island Dam:
(i) Salmon, immediately through August 31, 2018:
(A) Daily limit 6, no more than 3 sockeye may be retained.
(B) Release adult Chinook and coho.
(C) Salmon minimum length is 12 inches.
(c) Rock Island Dam to Rocky Reach Dam:
(i) Salmon, immediately through October 15, 2018:
(A) Daily limit 6, no more than 3 sockeye may be retained.
(B) Release adult Chinook and coho.
(C) Salmon minimum length is 12 inches.
(d) Rocky Reach Dam to Wells Dam:
(i) Salmon, immediately through October 15, 2018:
(A) Daily limit 6, no more than 2 adult Chinook and 3 sockeye may be retained.
(B) Release wild adult Chinook and coho.
(C) Salmon minimum length is 12 inches.
(e) Wells Dam to Hwy. 173 Bridge at Brewster:
(i) Salmon, immediately through August 31, 2018:
(A) Daily limit 6, no more than 2 adult Chinook and 3 Sockeye may be retained.
(B) Release wild adult Chinook and coho.
(C) Salmon minimum length is 12 inches.
(f) Hwy. 173 Bridge at Brewster to Chief Joseph Dam:
(i) Salmon, immediately through October 15, 2018:
(A) Daily limit 6, no more than 2 adult Chinook and 3 Sockeye may be retained.
(B) Release wild adult Chinook and coho.
(C) Salmon minimum length is 12 inches.
REPEALER
The following section of the Washington Administrative Code is repealed effective August 27, 2018:
WAC 220-312-06000U | Freshwater exceptions to statewide rules—Columbia River. (18-204) |