EMERGENCY RULES
FISH AND WILDLIFE
Effective Date of Rule: June 12, 2009.
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 Existing Rules Affected by this Order: Repealing WAC 232-28-61900F; and amending WAC 232-28-619.
Statutory Authority for Adoption: RCW 77.04.130, 77.12.045 and 77.12.047.
Other Authority: United States v. Oregon, Civil No. 68-513-KI (D. Or.), Order Adopting 2008-2017 United States v. Oregon Management Agreement (Aug. 12, 2008) (Doc. No. 2546); Northwest Gillnetters Ass'n v. Sandison, 95 Wn.2d 638, 628 P.2d 800 (1981); Washington fish and wildlife commission policies concerning Columbia River fisheries; 40 Stat. 515 (Columbia River compact).
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; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: Reverts steelhead retention to permanent rules, and allows the retention of sockeye and hatchery jack chinook. The steelhead fishery scheduled to occur (beginning May 16) under permanent regulations was delayed due to concerns of incidental handling of Endangered Species Act (ESA) listed chinook. Such incidental handling of ESA listed chinook has now been judged to be bearable, based on the current spring chinook run size of 165,000 fish. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 0, Repealed 1; Federal Rules or Standards: New 1, Amended 0, Repealed 1; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.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 11, 2009.
Lori Preuss
for Philip Anderson
Director
Columbia River
1. From a true north and south line through Buoy 10 to a projected line from Rocky Point on the Washington bank through Red Buoy 44 to the navigation light at Tongue Point on the Oregon bank: Effective August 1 until further notice, release all salmon other than Chinook and hatchery coho. Only one Chinook may be retained.
2. From a line projected from Rocky Point on the Washington bank through Red Buoy 44 to the navigation light at Tongue Point on the Oregon bank, to the I-5 Bridge: Effective immediately through July 31, release all salmon other than Chinook and sockeye. Effective immediately through June 15, release wild Chinook. Effective immediately through June 21, and July 6 through July 31, release adult Chinook. Effective August 1 until further notice, release all salmon other than Chinook and hatchery coho. Only one may be an adult Chinook.
3. From the I-5 Bridge to Bonneville Dam: Effective June 16 through July 31, release all salmon other than Chinook and sockeye. Effective June 16 through June 21, and July 6 through July 31, release adult Chinook. Effective August 1 until further notice, release all salmon other than Chinook and hatchery coho. Only one may be an adult Chinook.
4. From Bonneville Dam to the Highway 395 Bridge at Pasco: Effective June 16 through July 31, release all salmon other than Chinook and sockeye. Effective June 16 through June 30, release adult Chinook. Effective August 1 until further notice, release all salmon other than Chinook and coho. Release wild coho from Bonneville Dam to Hood River Bridge.
5. From the Highway 395 Bridge at Pasco to Priest Rapids Dam: Effective July 1 until further notice, the salmon daily limit is 6 fish, of which no more than 2 may be adults. Release sockeye.
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The following section of the Washington Administrative
Code is repealed effective June 12, 2009:
| WAC 232-28-61900F | Exceptions to statewide rules -- 2009 North of Falcon (09-90) |