WSR 16-06-088
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 16-35-Filed February 29, 2016, 12:34 p.m., effective March 10, 2016]
Effective Date of Rule: March 10, 2016.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Amending WAC 220-310-185.
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: (1) Hatchery winter steelhead smolts are released into Abernathy Creek as part of a United States Fish and Wildlife Service hatchery research program. Returning hatchery adults have similar run timing to wild steelhead and may stray to neighboring Mill and Germany creeks. The regulation extends the fishing season for hatchery steelhead in order to support volunteer angling needed for a research study on hatchery strays in Mill, Abernathy, and Germany creeks. Selective gear rules will be in effect to aid in the release of any wild juvenile or adult salmonids that are inadvertently encountered.
(2) The preseason forecast is for four thousand nine hundred adult spring Chinook to return to the Kalama in 2016. The hatchery escapement goal of four hundred fish is expected to be met and surplus hatchery fish are available for harvest.
(3) The preseason forecast is for a return of one thousand one hundred adult spring Chinook to the Lewis River in 2016 compared to a hatchery escapement goal of approximately one thousand three hundred fifty fish. The closure is necessary to provide the hatchery with as many returning fish as possible to minimize the shortfall. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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 29, 2016.
J. W. Unsworth
Director
NEW SECTION
WAC 220-310-18500G Freshwater exceptions to statewide rules-Southwest.
Notwithstanding the provisions of WAC 220-310-185, it is unlawful to violate the provisions below. Unless otherwise amended, all permanent rules remain in effect.
(1) Abernathy Creek (Cowlitz County) from mouth (Hwy. 4 Bridge) upstream to 500 feet below Abernathy Fish Technology Center: Effective March 16, 2016 through April 15, 2016, up to 3 hatchery steelhead may be retained. Selective gear rules in effect.
(2) Germany Creek (Cowlitz County) including all tributaries: Effective March 16, 2016 through April 15, 2016, up to 3 hatchery steelhead may be retained.
(3) Kalama River (Cowlitz County) from the boundary markers at the mouth upstream to 1000 feet below fishway at the upper salmon hatchery: Effective March 10, 2016 until further notice, up to 2 hatchery adult Chinook may be retained.
(4) Lewis River (Clark/Cowlitz counties): Effective March 10, 2016 until further notice, all Chinook must be released from the mouth upstream to the overhead powerlines below Merwin Dam.
(5) Mill Creek (Cowlitz County): Effective March 16, 2016 through April 15, 2016, up to 3 hatchery steelhead may be retained.
