WSR 17-13-015 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 17-107—Filed June 9, 2017, 2:45 p.m., effective June 16, 2017] Effective Date of Rule: June 16, 2017.
Purpose: Amend recreational freshwater fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-312-06000F; and amending WAC 220-312-030, 220-312-050, 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: These emergency rules are needed to apply restrictions to protect wild steelhead listed under the Endangered Species Act and to ensure enough hatchery steelhead return to meet escapement goals. The preseason forecast indicates approximately one hundred thirty thousand, seven hundred summer run steelhead will return to the Columbia River this year, the lowest number since 1980. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 9, 2017.
J. W. Unsworth
Director
NEW SECTION
WAC 220-312-03000D Freshwater exceptions to statewide rules—Southwest.
Notwithstanding the provisions of WAC 220-312-030, effective June 16, 2017, until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:
(1) Cowlitz River from boundary markers at the mouth upstream to the Lexington Drive Bridge/Sparks Road Bridge (Lewis Co.):
(a) Night closure in effect except for anglers enrolled in the Pikeminnow Sport-Reward Program and actively fishing for pikeminnow.
(b) Through July 31, only 1 hatchery steelhead may be retained.
(c) Effective August 1 until further notice, release all steelhead.
(2) Drano Lake in the waters downstream of markers on point of land downstream and across from Little White Salmon National Fish Hatchery and upstream of the Highway 14 Bridge:
(a) Night closure in effect except for anglers enrolled in the Pikeminnow Sport-Reward Program and actively fishing for pikeminnow.
(b) Through July 31, only 1 hatchery steelhead may be retained.
(c) Effective August 1 until further notice, release all steelhead.
(3) Lewis River from the mouth upstream to the mouth of the East Fork Lewis River (Clark Co.):
(a) Night closure in effect except for anglers enrolled in the Pikeminnow Sport-Reward Program and actively fishing for pikeminnow.
(b) Through July 31, only 1 hatchery steelhead may be retained.
(c) Effective August 1 until further notice, release all steelhead.
(4) Wind River (Skamania Co.) from the mouth upstream to 400 feet below Shipherd Falls
(a) Night closure in effect except for anglers enrolled in the Pikeminnow Sport-Reward Program and actively fishing for pikeminnow.
(b) Through July 31, only 1 hatchery steelhead may be retained.
(c) Effective August 1 until further notice, release all steelhead.
NEW SECTION
WAC 220-312-05000K Freshwater exceptions to statewide rules—Eastside.
Notwithstanding the provisions of WAC 220-312-050, effective June 16, 2017, until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:
White Salmon River from the mouth upstream to the county road bridge below the former location of the powerhouse (Klickitat/Skamania Counties):
(a) Night closure in effect except for anglers enrolled in the Pikeminnow Sport-Reward Program and actively fishing for pikeminnow.
(b) Through July 31, only 1 hatchery steelhead may be retained.
(c) Effective August 1 until further notice, release all steelhead.
NEW SECTION
WAC 220-312-06000H Freshwater exceptions to statewide rules—Columbia.
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:
(1) Mainstem Columbia River from the Megler-Astoria Bridge upstream to The Dalles Dam, effective June 16 until further notice:
(a) Night closure in effect except for anglers enrolled in the Pikeminnow Sport-Reward Program and actively fishing for pikeminnow.
(b) Through July 31, only 1 hatchery steelhead may be retained.
(c) Effective August 1 until further notice, release all steelhead.
(2) Mainstem Columbia River from a true north-south line through Buoy 10 upstream to 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, effective August 1 until further notice:
(a) Night closure in effect except for anglers enrolled in the Pikeminnow Sport-Reward Program and actively fishing for pikeminnow.
(b) Release all steelhead.
REPEALER
The following section of the Washington Administrative Code is repealed effective June 16, 2017:
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