WSR 20-06-018
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-36—Filed February 21, 2020, 10:15 a.m., effective March 1, 2020]
Effective Date of Rule: March 1, 2020.
Purpose: Amends recreational fishing rules for the Columbia River.
Citation of Rules Affected by this Order: Repealing WAC 220-312-06000F; 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: Sets the 2020 spring recreational salmon season in the Columbia River in the area upstream of the Lewis River to the Oregon/Washington border, including shad and hatchery steelhead. The Endangered Species Act (ESA) impacts for wild fish are available to recreational fisheries in order to access hatchery fish. The fishery is consistent with the U.S. v. Oregon Management Agreement and the associated biological opinion. Conforms Washington state rules with Oregon state rules. Regulation is consistent with compact action of February 19, 2020.
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 the federal 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 the federal ESA. The Washington and Oregon fish and wildlife commissions 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. 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: February 21, 2020.
Amy H. Windrope
for Kelly Susewind
Director
NEW SECTION
WAC 220-312-06000HFreshwater exceptions to statewide rules—Columbia
Notwithstanding the provisions of WAC 220-312-060:
(1) From a true north-south line through Buoy 10, upstream to a line from the Warrior Rock lighthouse on the Oregon shore to red USCG buoy #4, then to the piling dolphin on the lower end of Bachelor Island (Warrior Rock line): Salmon and steelhead: Effective March 1, 2020 until further notice: Closed.
(2) From a line from the Warrior Rock lighthouse on the Oregon shore to red USCG buoy #4, then to the piling dolphin on the lower end of Bachelor Island (Warrior Rock line) to A deadline marker on the Oregon bank (approximately four miles downstream from Bonneville Dam Powerhouse One) in a straight line through the western tip of Pierce Island to a deadline marker on the Washington bank at Beacon Rock:
a. Salmon and steelhead:
i. Effective March 1 through March 31, 2020: Daily limit is 6, no more than 2 adults may be retained of which no more than 1 may be an adult Chinook. Release all wild Chinook and wild coho.
ii. Effective April 1 until further notice:
A. Open Thursday through Saturday each week: Daily limit is 6, no more than 2 adults may be retained of which no more than 1 may be an adult Chinook. Release all wild Chinook and wild coho.
B. Closed Sunday through Wednesday each week.
b. Shad: Effective April 1, 2020 until further notice:
i. No min. size. No daily limit.
ii. Open days when salmon and steelhead are open.
(3) From a deadline marker on the Oregon bank (approximately four miles downstream from Bonneville Dam Powerhouse One) in a straight line through the western tip of Pierce Island to a deadline marker on the Washington bank at Beacon Rock to Bonneville Dam:
a. Effective March 1 until further notice: Closed to angling from a floating device or by any method except hand-cast lines from shore.
b. Salmon and steelhead:
i. Effective March 1 through March 31, 2020: Daily limit is 6, no more than 2 adults may be retained of which no more than 1 may be an adult Chinook. Release all wild Chinook and wild coho.
ii. Effective April 2 until further notice:
A. Open Thursday through Saturday each week: Daily limit is 6, no more than 2 adults may be retained of which no more than 1 may be an adult Chinook. Release all wild Chinook and wild coho.
B. Closed Sunday through Wednesday each week.
c. Shad: Effective April 1, 2020 until further notice:
i. No minimum size. No daily limit.
ii. Open days when salmon and steelhead are open.
(4) From Bonneville Dam to John Day Dam:
a. Salmon and steelhead: Effective April 1 through May 5, 2020: Daily limit is 6, no more than 2 adults may be retained of which no more than 1 may be an adult Chinook. Release all wild Chinook and wild coho.
b. Sturgeon: Effective immediately through April 30, 2020: Retention is prohibited.
(5) Adjacent tributaries From Bonneville Dam to John Day Dam: Sturgeon: Effective immediately through April 30, 2020: Retention is prohibited.
(6) From John Day Dam to McNary Dam: Salmon and steelhead: Effective April 1 through May 5, 2020: Daily limit is 6, no more than 2 adults may be retained of which no more than 1 may be an adult Chinook. Release all wild Chinook and wild coho.
(7) From McNary Dam upstream to Hwy. 730 at the Washington/Oregon border:
a. Steelhead: Effective immediately through March 31, 2020: Closed to angling for and retention of steelhead.
b. Salmon and steelhead: Effective April 1 through May 5, 2020: Daily limit is 6, no more than 2 adults may be retained of which no more than 1 may be an adult Chinook. Release all wild Chinook and wild coho.
c. Sturgeon: Effective immediately through March 8, 2020: Retention is prohibited.
(8) From the Washington/Oregon border to the Hwy. 395 Bridge (Pasco/Kennewick):
a. Steelhead: Effective immediately through March 31, 2020: Closed to angling for and retention of steelhead.
b. Sturgeon: Effective immediately through March 8, 2020: Retention is prohibited.
(9) From the Hwy. 395 Bridge (Pasco/Kennewick) to Old Hanford townsite powerline crossing:
a. Steelhead: Effective immediately through April 15, 2020: Closed to angling for and retention of steelhead.
b. Sturgeon: Effective immediately through March 8, 2020: Retention is prohibited.
(10) From the Old Hanford townsite powerline crossing to boundary markers 650 feet downstream of the fish ladders Priest Rapids Dam: Sturgeon: Effective immediately through March 8, 2020: Retention is prohibited.
REPEALER
The following section of the Washington Administrative Code is repealed effective March 1, 2020:
WAC 220-312-06000F | Freshwater exceptions to statewide rules—Columbia (20-26) |