WSR 17-22-076 EMERGENCY RULES DEPARTMENT OF
FISH AND WILDLIFE
[Order 17-296—Filed October 27, 2017, 1:40 p.m., effective October 28, 2017] Effective Date of Rule: October 28, 2017. 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 220-312-06000V; 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: The proposed modification will allow night angling opportunity for warmwater species, with no expected increase in steelhead handle or mortalities, while retaining the closure for other species for the remainder of the year. 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 Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 0, Repealed 1; Federal Rules or Standards: New 1, Amended 0, Repealed 1; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 1. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 27, 2017. J. W. Unsworth Director
NEW SECTION
WAC 220-312-06000V 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 a true north-south line through Buoy 10 upstream to the old Hanford townsite wooden powerline towers,
(a) Effective October 28, 2017 through December 31, 2017, it is unlawful to angle for or retain salmon, steelhead, shad, sturgeon, trout or whitefish expect during daylight hours.
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040. REPEALER
The following section of the Washington Administrative Code is repealed effective January 1, 2018:
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