Washington State Register, Issue 13-09 WSR 13-09-003

WSR 13-09-002 3. Effective 12:01 a.m. April 12 through 11:59 a.m. April EMERGENCY RULES 14, 2013, razor digging is allowed in Razor Clam Area DEPARTMENT OF 4. Digging is allowed from 12:01 a.m. to 11:59 a.m. each day FISH AND WILDLIFE only. [Order 13-60—Filed April 4, 2013, 9:28 a.m., effective April 9, 2013, 12:01 4. Effective 12:01 a.m. April 12 through 11:59 a.m. April a.m.] 14, 2013, razor clam digging is allowed in Razor Clam Area Effective Date of Rule: April 9, 2013, 12:01 a.m. 5. Digging is allowed from 12:01 a.m. to 11:59 a.m. each day Purpose: Amend recreational rules. only. Citation of Existing Rules Affected by this Order: 5. It is unlawful to dig for razor at any time in Repealing WAC 220-56-36000U; and amending WAC 220- Long Beach, Twin Harbors Beach or Copalis Beach Clam 56-360. sanctuaries defined in WAC 220-56-372. Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020. REPEALER Under RCW 34.05.350 the agency for good cause finds The following section of the Washington Administrative that immediate adoption, amendment, or repeal of a rule is Code is repealed effective 12:01 p.m. April 14, 2013: necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of WAC 220-56-36000U Razor clams—Areas and sea- notice and opportunity to comment upon adoption of a per- sons. manent rule would be contrary to the public interest. Reasons for this Finding: Survey results show that ade- quate clams are available for harvest in Razor Clam Areas 1, 3, 4 and 5. Washington department of health has certified WSR 13-09-003 clams from these beaches to be safe for human consumption. EMERGENCY RULES There is insufficient time to adopt permanent rules. DEPARTMENT OF Number of Sections Adopted in Order to Comply with FISH AND WILDLIFE Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or [Order 13-58—Filed April 4, 2013, 9:39 a.m., effective April 27, 2013] Recently Enacted State Statutes: New 0, Amended 0, Effective Date of Rule: April 27, 2013. Repealed 0. Purpose: Amend rules. Number of Sections Adopted at Request of a Nongov- Citation of Existing Rules Affected by this Order: ernmental Entity: New 0, Amended 0, Repealed 0. Amending WAC 232-28-619. Number of Sections Adopted on the Agency's Own Ini- Statutory Authority for Adoption: RCW 77.12.047 and tiative: New 1, Amended 0, Repealed 1. 77.04.020. Number of Sections Adopted in Order to Clarify, Under RCW 34.05.350 the agency for good cause finds Streamline, or Reform Agency Procedures: New 0, that immediate adoption, amendment, or repeal of a rule is Amended 0, Repealed 0. necessary for the preservation of the public health, safety, or Number of Sections Adopted Using Negotiated Rule general welfare, and that observing the time requirements of Making: New 0, Amended 0, Repealed 0; Pilot Rule Mak- notice and opportunity to comment upon adoption of a per- ing: New 0, Amended 0, Repealed 0; or Other Alternative manent rule would be contrary to the public interest. Rule Making: New 0, Amended 0, Repealed 0. Reasons for this Finding: Under existing permanent reg- Date Adopted: April 4, 2013. ulations, Swift Reservoir opens for fishing the fourth Satur- Joe Stohr day in April. Under rules recently adopted by the fish and for Philip Anderson wildlife commission, the reservoir would have been closed Director from May 1, 2013, until the first Saturday in June. The newly adopted permanent regulation was predicated on the assump- tion that salmon and steelhead reintroduction efforts would NEW SECTION have progressed to the point of significant numbers of down- WAC 220-56-36000U Razor clams—Areas and sea- stream smolts migrating through the reservoir through the sons. Notwithstanding the provisions of WAC 220-56-360, it month of May. However, due to delays, adult reintroduction is unlawful to dig for or possess razor clams taken for per- efforts and smolt production are just getting under way. sonal use from any beach in Razor Clam Areas 1, 3, 4, or 5, There is no need to close the reservoir in May of this year. except as provided for in this section: The can proceed under the traditional opening date. 1. Effective 12:01 a.m. April 12 through 11:59 a.m. April There is insufficient time to adopt permanent rules. 14, 2013, razor clam digging is allowed in Razor Clam Area Number of Sections Adopted in Order to Comply with 1. Digging is allowed from 12:01 a.m. to 11:59 a.m. each day Federal Statute: New 0, Amended 0, Repealed 0; Federal only. Rules or Standards: New 0, Amended 0, Repealed 0; or 2. Effective 12:01 a.m. April 9 through 11:59 a.m. April Recently Enacted State Statutes: New 0, Amended 0, 14, 2013, razor clam digging is allowed in Razor Clam Area Repealed 0. 3. Digging is allowed from 12:01 a.m. to 11:59 a.m. each day Number of Sections Adopted at Request of a Nongov- only. ernmental Entity: New 0, Amended 0, Repealed 0.

[ 1 ] Emergency WSR 13-09-005 Washington State Register, Issue 13-09

Number of Sections Adopted on the Agency's Own Ini- Under RCW 34.05.350 the agency for good cause finds tiative: New 1, Amended 0, Repealed 0. that immediate adoption, amendment, or repeal of a rule is Number of Sections Adopted in Order to Clarify, necessary for the preservation of the public health, safety, or Streamline, or Reform Agency Procedures: New 0, general welfare, and that observing the time requirements of Amended 0, Repealed 0. notice and opportunity to comment upon adoption of a per- Number of Sections Adopted Using Negotiated Rule manent rule would be contrary to the public interest. Making: New 0, Amended 0, Repealed 0; Pilot Rule Mak- Reasons for this Finding: Extends the 2013 spring recre- ing: New 0, Amended 0, Repealed 0; or Other Alternative ational salmon season in the Columbia River in the area from Rule Making: New 0, Amended 0, Repealed 0. Buoy 10 upstream to Bonneville Dam. An additional six Date Adopted: April 4, 2013. retention days have been adopted beyond the scheduled clo- Joe Stohr sure date of April 5, 2013. Catch rates to date have been less for Philip Anderson than expected, so hatchery chinook remain available for har- Director vest. Maintains the adjustment to the hatchery adult bag limit in Deep River so that it is consistent with the adjacent Colum- bia River when both areas are open. Prohibits full removal of NEW SECTION nonlegal fish from the water. Sand Island Slough closure WAC 232-28-61900G Freshwater exceptions to remains in effect through April 30. Regulation is consistent statewide rules—Swift Reservoir Notwithstanding the pro- with guidance from Washington fish and wildlife commis- visions of WAC 232-28-619, effective April 27, 2013, until sion and director, and compact/joint state action of January further notice, in waters of Swift Reservoir from Swift Dam 30 and April 3, 2013. The fishery is consistent with the U.S. to Eagle Cliff Bridge, it is permissible to fish for game fish v. Oregon Management Agreement and the associated bio- and salmon. The trout daily limit is five, except that all bull logical opinion. Conforms Washington state rules with Ore- trout must be released. Landlocked rules are in effect gon state rules. There is insufficient time to adopt permanent (salmon count towards the trout daily limit) and all salmon rules. longer than 15 inches in length must be released. Two poles Washington and Oregon jointly regulate Columbia River are not allowed, and selective rules apply from the posted under the congressionally ratified Columbia River markers approximately 3/8-mile below Eagle Cliff Bridge to compact. Four Indian tribes have treaty fishing rights in the the bridge. 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. WSR 13-09-005 1969). A federal court order sets the current parameters for EMERGENCY RULES sharing between treaty Indians and others. United States v. DEPARTMENT OF Oregon, Civil No. 68-513-KI (D. Or.), Order Adopting 2008- FISH AND WILDLIFE 2017 United States v. Oregon Management Agreement (Aug. [Order 13-62—Filed April 4, 2013, 3:57 p.m., effective April 4, 2013, 3:57 12, 2008) (Doc. No. 2546). p.m.] Some Columbia River Basin salmon and steelhead Effective Date of Rule: Immediately. stocks are listed as threatened or endangered under the fed- eral ESA. On May 5, 2008, the National Marine Fisheries Purpose: The purpose of this rule making is to allow Service issued a biological opinion under 16 U.S.C. § 1536 nontreaty recreational fishing opportunity in the Columbia that allows for some incidental take of these species in treaty River while protecting fish listed as threatened or endangered and nontreaty Columbia River fisheries governed by the under the Endangered Species Act (ESA). This rule making 2008-2017 U.S. v. Oregon Management Agreement. The implements federal court orders governing Washington's Washington and Oregon fish and wildlife commissions have relationship with treaty Indian tribes, federal law governing Washington's relationship with Oregon, and Washington fish developed policies to guide the implementation of such bio- and wildlife commission policy guidance for Columbia River logical opinions in the states' regulation of nontreaty fisher- fisheries. ies. Citation of Existing Rules Affected by this Order: Columbia River nontreaty fisheries are monitored very Repealing WAC 232-28-61900U; and amending WAC 232- closely to ensure compliance with federal court orders, the 28-619. ESA, and commission guidelines. Because conditions Statutory Authority for Adoption: RCW 77.04.020, change rapidly, the fisheries are managed almost exclusively 77.12.045, and 77.12.047. by emergency rule. Representatives from the Washington Other Authority: United States v. Oregon, Civil No. 68- (WDFW) and Oregon (ODFW) departments of fish and wild- 513-KI (D. Or.), Order Adopting 2008-2017 United States v. life convene public hearings and take public testimony when Oregon Management Agreement (Aug. 12, 2008) (Doc. No. considering proposals for new emergency rules. WDFW and 2546); Northwest Gillnetters Ass'n v. Sandison, 95 Wn.2d ODFW then adopt regulations reflecting agreements reached. 638, 628 P.2d 800 (1981); Washington fish and wildlife com- Number of Sections Adopted in Order to Comply with mission policies concerning Columbia River fisheries; 40 Federal Statute: New 1, Amended 0, Repealed 1; Federal Stat. 515 (Columbia River compact). Rules or Standards: New 1, Amended 0, Repealed 1; or

Emergency [ 2 ] Washington State Register, Issue 13-09 WSR 13-09-008

Recently Enacted State Statutes: New 0, Amended 0, daily limit will be the same as the adjacent mainstem Colum- Repealed 0. bia River during those days when the mainstem Columbia Number of Sections Adopted at Request of a Nongov- River is open for adult Chinook retention. When the adjacent ernmental Entity: New 0, Amended 0, Repealed 0. mainstem Columbia River is closed for adult Chinook reten- Number of Sections Adopted on the Agency's Own Ini- tion, the salmon daily limit will revert to permanent rules for tiative: New 1, Amended 0, Repealed 1. Deep River. Number of Sections Adopted in Order to Clarify, Reviser's note: The unnecessary underscoring in the above section Streamline, or Reform Agency Procedures: New 0, occurred in the copy filed by the agency and appears in the Register pursuant Amended 0, Repealed 0. to the requirements of RCW 34.08.040. Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Mak- REPEALER ing: New 0, Amended 0, Repealed 0; or Other Alternative The following section of the Washington Administrative Rule Making: New 0, Amended 0, Repealed 0. Code is repealed: Date Adopted: April 4, 2013. Philip Anderson WAC 232-28-61900U Exceptions to statewide Director rules—Columbia River. (13- 24) NEW SECTION WAC 232-28-61900I Exceptions to statewide rules— Columbia River. Notwithstanding the provisions of WAC WSR 13-09-008 232-28-619, it is unlawful to violate the following provisions, EMERGENCY RULES provided that unless otherwise amended, all permanent rules DEPARTMENT OF remain in effect: FISH AND WILDLIFE 1. Columbia River: [Order 13-63—Filed April 5, 2013, 11:22 a.m., effective April 16, 2013] a. Effective immediately through April 12, 2013, except closed April 9: Open for fishing for salmonids and shad from Effective Date of Rule: April 16, 2013. a true north-south line through Buoy 10 upstream to 600 feet Purpose: Amend rules. downstream of the fish ladder at the new Bonneville Dam Citation of Existing Rules Affected by this Order: powerhouse (#2). However, closed to fishing from boats Amending WAC 220-52-051. upstream of Beacon Rock (defined as a deadline marker on Statutory Authority for Adoption: RCW 77.12.047 and the Oregon bank, located approximately four miles down- 77.04.020. stream from Bonneville Dam Powerhouse #1, projecting a Under RCW 34.05.350 the agency for good cause finds straight line through the western tip of Pierce Island to a that immediate adoption, amendment, or repeal of a rule is deadline marker on the Washington bank at Beacon Rock). necessary for the preservation of the public health, safety, or Daily salmonid limit is 6 fish (hatchery Chinook or hatchery general welfare, and that observing the time requirements of steelhead), of which no more than 2 may be adults and no notice and opportunity to comment upon adoption of a per- more than 1 may be an adult Chinook. Release all wild Chi- manent rule would be contrary to the public interest. nook and wild steelhead. Salmon minimum size is 12 inches. Reasons for this Finding: The 2013 state/tribal shrimp b. Effective immediately through May 5, 2013: Open to harvest management plans for the Strait of Juan de Fuca and fishing from the Tower Island power lines in Bonneville Pool North Puget Sound require adoption of harvest seasons con- (located approximately 6 miles below The Dalles Dam) tained in this emergency rule. This emergency rule opens the upstream to the Oregon and Washington border, plus the Regions 1 and 3 beam trawl fishery season. There is insuffi- Washington bank between Bonneville Dam and the Tower cient time to adopt permanent rules. Island power lines (except for those waters closed under per- Number of Sections Adopted in Order to Comply with manent regulations). Daily salmonid limit is 6 fish (hatchery Federal Statute: New 0, Amended 0, Repealed 0; Federal Chinook or hatchery steelhead), of which no more than 2 may Rules or Standards: New 0, Amended 0, Repealed 0; or be adult Chinook salmon or hatchery steelhead, or 1 of each. Recently Enacted State Statutes: New 0, Amended 0, Release all wild Chinook and wild steelhead. Salmon mini- Repealed 0. mum size is 12 inches. Number of Sections Adopted at Request of a Nongov- c. Effective immediately until June 15, 2013: For the ernmental Entity: New 0, Amended 0, Repealed 0. mainstem Columbia River salmon and steelhead fishery from Number of Sections Adopted on the Agency's Own Ini- the Rocky Point/Tongue Point line upstream to the Ore- tiative: New 1, Amended 0, Repealed 0. gon/Washington border, it is unlawful when fishing from Number of Sections Adopted in Order to Clarify, vessels which are less than 30 feet in length, substantiated by Streamline, or Reform Agency Procedures: New 0, Coast Guard documentation or Marine Board registration, to Amended 0, Repealed 0. totally remove from the water any salmon or steelhead Number of Sections Adopted Using Negotiated Rule required to be released. Making: New 0, Amended 0, Repealed 0; Pilot Rule Mak- 2. Deep River (Wahkiakum Co.): Effective immedi- ing: New 0, Amended 0, Repealed 0; or Other Alternative ately through June 15, 2013: the hatchery adult Chinook Rule Making: New 0, Amended 0, Repealed 0.

[ 3 ] Emergency WSR 13-09-009 Washington State Register, Issue 13-09

Date Adopted: April 5, 2013. Number of Sections Adopted in Order to Comply with Philip Anderson Federal Statute: New 0, Amended 0, Repealed 0; Federal Director Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. NEW SECTION Number of Sections Adopted at Request of a Nongov- WAC 220-52-05100X Puget Sound shrimp beam ernmental Entity: New 0, Amended 0, Repealed 0. trawl fishery—Season. Notwithstanding the provisions of Number of Sections Adopted on the Agency's Own Ini- WAC 220-52-051, effective immediately until further notice, tiative: New 1, Amended 0, Repealed 1. it is unlawful to fish for shrimp for commercial purposes in Number of Sections Adopted in Order to Clarify, Puget Sound except as provided for in this section: Streamline, or Reform Agency Procedures: New 0, (1) Shrimp beam trawl gear: Amended 0, Repealed 0. (a) Shrimp Management Area (SMA) 3 (outside of the Number of Sections Adopted Using Negotiated Rule Discovery Bay Shrimp District, Sequim Bay and Catch Area Making: New 0, Amended 0, Repealed 0; Pilot Rule Mak- 23D) will open at 7:00 a.m. April 16, 2013, until further ing: New 0, Amended 0, Repealed 0; or Other Alternative notice. Sequim Bay includes those waters of Catch Area 25A Rule Making: New 0, Amended 0, Repealed 0. south of a line projected west from Travis Spit on the Miller Date Adopted: April 5, 2013. Peninsula. Philip Anderson (b) That portion of Catch Area 22A within SMA 1B east Director of a line projected 122.47°W longitude and west of a line pro- jected 122.43°W longitude in Rosario Strait will open at 7:00 NEW SECTION a.m. May 1, 2013, until further notice. (2) All shrimp taken under this section must be sold to WAC 220-52-04600M Puget Sound crab fishery— licensed Washington wholesale fish dealers. Seasons and areas. Notwithstanding the provisions of WAC 220-52-046: (1) Effective immediately, until 7:00 PM, Tuesday, April 9, 2013, it is permissible to fish for Dungeness crab for com- WSR 13-09-009 mercial purposes in the following areas: EMERGENCY RULES (a) Those waters of Marine Fish- Management DEPARTMENT OF and Catch Reporting Area 20A between a line from the boat FISH AND WILDLIFE ramp at the western boundary of Birch Bay State Park to the [Order 13-64—Filed April 5, 2013, 11:25 a.m., effective April 5, 2013, western point of the entrance of the Birch Bay Marina, and a 11:25 a.m.] line from the same boat ramp to Birch Point. (b) Those waters of Marine Fish-Shellfish Management Effective Date of Rule: Immediately. and Catch Reporting Area 22B in Fidalgo Bay south of a line Purpose: Amend commercial fishing rules. projected from the red number 4 entrance buoy at Cape Sante Citation of Existing Rules Affected by this Order: Marina to the northern end of the eastern-most oil dock. Repealing WAC 220-52-04600L; and amending WAC 220- (c) Those waters of Marine Fish-Shellfish Management 52-046. and Catch Reporting Area 22A in Deer Harbor north of a line Statutory Authority for Adoption: RCW 77.12.047 and projected from Steep Point to Pole Pass. 77.04.020. (2) The following areas are closed to commercial crab Under RCW 34.05.350 the agency for good cause finds fishing: that immediate adoption, amendment, or repeal of a rule is (a) Effective at 7:00 PM, Tuesday, April 9, 2013, until necessary for the preservation of the public health, safety, or further notice, Crab Management Region 1. This region general welfare, and that observing the time requirements of includes Marine Fish-Shellfish Management and Catch notice and opportunity to comment upon adoption of a per- Reporting Areas 20A, 20B, 21A, 21B, 22A and 22B. manent rule would be contrary to the public interest. (b) Effective immediately, until further notice, Crab Reasons for this Finding: This emergency regulation Management Region 2 West. This region includes Marine closes Region 1. The fishery will reach its full allocation in Fish-Shellfish Management and Catch Reporting Areas 25B, this region by the time of the closure. This emergency regu- 25D and 26A West. lation also maintains the closure of Regions 3-1, 3-2 and 3-3 (c) Effective immediately, until further notice, Crab where the commercial fishery has reached its ending dates. Management Region 2 East. This region includes Marine This emergency regulation also maintains the closure of Fish-Shellfish Management and Catch Reporting Areas 24A, Region 2 West and Region 2 East where the Puget Sound 24B, 24C, 24D and 26A East. state commercial fishery has reached its allocation and end- (d) Effective immediately, until further notice, Crab ing dates. This regulation will end the 2012-13 Puget Sound Management Region 3, subarea 3. This region includes state commercial season at 7:00 p.m., April 9, 2013. The Marine Fish-Shellfish Management and Catch Reporting Puget Sound commercial season is structured to meet harvest Areas 23C and 29. allocation objectives negotiated with applicable treaty tribes. (e) Effective immediately, until further notice, Crab There is insufficient time to adopt permanent regulations. Management Region 3, subarea 2. This region includes

Emergency [ 4 ] Washington State Register, Issue 13-09 WSR 13-09-015

Marine Fish-Shellfish Management and Catch Reporting limits. The fishery is consistent with the U.S. v. Oregon Areas 23D, 25A and 25E. Management Agreement and the associated biological opin- (f) Effective immediately, until further notice, Crab ion. Conforms Washington state rules with Oregon state Management Region 3, subarea 1. This region includes rules. Regulation is consistent with compact action of Janu- Marine Fish-Shellfish Management and Catch Reporting ary 30 and April 8, 2013. There is insufficient time to pro- Areas 23A and 23B. mulgate permanent rules. Washington and Oregon jointly regulate Columbia River REPEALER fisheries under the congressionally ratified Columbia River compact. Four Indian tribes have treaty fishing rights in the The following section of the Washington Administrative Columbia River. The treaties preempt state regulations that Code is repealed: fail to allow the tribes an opportunity to take a fair share of WAC 220-52-04600L Puget Sound crab fishery— the available fish, and the states must manage other fisheries Seasons and areas. (13-57) accordingly. Sohappy v. Smith, 302 F. Supp. 899 (D. Or. 1969). A federal court order sets the current parameters for sharing between treaty Indians and others. United States v. Oregon, Civil No. 68-513-KI (D. Or.), Order Adopting 2008- 2017 United States v. Oregon Management Agreement (Aug. WSR 13-09-015 12, 2008) (Doc. No. 2546). EMERGENCY RULES Some Columbia River Basin salmon and steelhead DEPARTMENT OF stocks are listed as threatened or endangered under the fed- FISH AND WILDLIFE eral ESA. On May 5, 2008, the National Marine Fisheries [Order 13-66—Filed April 8, 2013, 5:01 p.m., effective April 9, 2013, 7:00 Service issued a biological opinion under 16 U.S.C. § 1536 a.m.] that allows for some incidental take of these species in treaty Effective Date of Rule: April 9, 2013, 7:00 a.m. and nontreaty Columbia River fisheries governed by the Purpose: The purpose of this rule making is to allow 2008-2017 U.S. v. Oregon Management Agreement. The nontreaty commercial fishing opportunities in the Columbia Washington and Oregon fish and wildlife commissions have River while protecting fish listed as threatened or endangered developed policies to guide the implementation of such bio- under the Endangered Species Act (ESA). This rule making logical opinions in the states' regulation of nontreaty fisher- implements federal court orders governing Washington's ies. relationship with treaty Indian tribes, federal law governing Columbia River nontreaty fisheries are monitored very Washington's relationship with Oregon, and Washington fish closely to ensure compliance with federal court orders, the and wildlife commission policy guidance for Columbia River ESA, and commission guidelines. Because conditions fisheries. change rapidly, the fisheries are managed almost exclusively Citation of Existing Rules Affected by this Order: by emergency rule. Representatives from the Washington Repealing WAC 220-33-01000X; and amending WAC 220- (WDFW) and Oregon (ODFW) departments of fish and wild- 33-010. life convene public hearings and take public testimony when Statutory Authority for Adoption: RCW 77.04.130, considering proposals for new emergency rules. WDFW and 77.12.045, and 77.12.047. ODFW then adopt regulations reflecting agreements reached. Other Authority: United States v. Oregon, Civil No. 68- Number of Sections Adopted in Order to Comply with 513-KI (D. Or.), Order Adopting 2008-2017 United States v. Federal Statute: New 1, Amended 0, Repealed 1; Federal Oregon Management Agreement (Aug. 12, 2008) (Doc. No. Rules or Standards: New 1, Amended 0, Repealed 1; or 2546); Northwest Gillnetters Ass'n v. Sandison, 95 Wn.2d Recently Enacted State Statutes: New 0, Amended 0, 638, 628 P.2d 800 (1981); Washington fish and wildlife com- Repealed 0. mission policies concerning Columbia River fisheries; 40 Number of Sections Adopted at Request of a Nongov- Stat. 515 (Columbia River compact). ernmental Entity: New 0, Amended 0, Repealed 0. Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is Number of Sections Adopted on the Agency's Own Ini- necessary for the preservation of the public health, safety, or tiative: New 1, Amended 0, Repealed 1. general welfare, and that observing the time requirements of Number of Sections Adopted in Order to Clarify, notice and opportunity to comment upon adoption of a per- Streamline, or Reform Agency Procedures: New 0, manent rule would be contrary to the public interest. Amended 0, Repealed 0. Reasons for this Finding: Sets the first mainstem tan- Number of Sections Adopted Using Negotiated Rule glenet commercial salmon period for the 2013 winter/spring Making: New 0, Amended 0, Repealed 0; Pilot Rule Mak- season. Due to the low number of hatchery chinook available ing: New 0, Amended 0, Repealed 0; or Other Alternative for harvest and the increasing abundance of chinook in the Rule Making: New 0, Amended 0, Repealed 0. Columbia River, the fishing period limits the number of Date Adopted: April 8, 2013. hatchery chinook each participating vessel may retain. Select Lori Preuss area seasons remain in place without change. Based on pre- season forecasts for ESA-listed salmonids, impacts associ- for Philip Anderson ated with the season are expected to remain within allowable Director

[ 5 ] Emergency WSR 13-09-015 Washington State Register, Issue 13-09

NEW SECTION above the 4 1/4" maximum mesh size . Tangle nets constructed with a steelhead excluder panel, weedlines, or WAC 220-33-01000Y Columbia River seasons below droppers must have two red corks at each end of the net, as Bonneville. Notwithstanding the provisions of WAC 220-33- well as the red corks required under miscellaneous regula- 010, WAC 220-33-020, and WAC 220-33-030, it is unlawful tions. for a person to take or possess salmon, sturgeon, and shad for commercial purposes from Columbia River Salmon Manage- f) Miscellaneous Regulations: ment and Catch Reporting Areas 1A, 1B, 1C, 1D, 1E and Soak times, defined as the time elapsed from when the Select Areas, except during the times and conditions listed first of the gillnet web is deployed into the water until the gill- below: net web is fully retrieved from the water, must not exceed 45 1. Mainstem Columbia River minutes. a) Area: SMCRA 1A, 1B, 1C, 1D, and 1E (Zones 1-5). Red corks are required at 25-fathom intervals, and red b) Dates: 7:00 AM to 4:00 PM Tuesday, April 9, 2013. corks must be in contrast to the corks used in the remainder of c) Allowable Possession: Adipose fin-clipped Chinook the net. salmon, shad and white sturgeon. A maximum of 9 adipose Lighted Buoys: Nets that are fished at any time fin-clipped adult Chinook may be possessed or sold by each between official sunset and official sunrise must have lighted participating vessel. The first 9 adult hatchery fish must be buoys on both ends of the net unless the net is attached to the retained, and no additional drifts may be conducted once the boat. If the net is attached to the boat, then one lighted buoy Chinook limit has been retained. There is no landing limit on on the opposite end of the net from the boat is required hatchery jack Chinook (Chinook less than 24 inches total Recovery Box: Each boat will be required to have two length). operable recovery boxes or one box with two chambers, on d) Sanctuaries: Grays River, Elochoman-B, Abernathy board. Each chamber of the recovery box(es) must include Creek, Cowlitz River, Kalama-B, Lewis-B, Sandy, and an operating water pumping system capable of delivering a Washougal rivers, as applicable. minimum flow of 16 gallons per minute, not to exceed 20 gal- e) Gear: Drift nets only. 4 1/4" maximum mesh size lons per minute of freshwater per chamber. Each box and (tangle net). Single-wall multi-filament net only. Monofila- chamber and associated pump shall be operating during any ment tangle nets are not allowed. Mesh size is determined by time that the net is being retrieved or picked. Each chamber placing three consecutive meshes under hand tension, and the of the recovery box must meet the following dimensions as measurement is taken from the inside of one vertical knot to measured from within the box: the inside length measure- the outside of the opposite vertical knot of the center mesh. ment must be at or within 39 1/2 inches to 48 inches; the Hand tension means sufficient linear tension to draw oppos- inside width measurements must be at or within 8 to 10 ing knots of meshes into contact. Net length not to exceed inches; and the inside height measurement must be at or 150 fathoms. There are no restrictions on the use of slackers within 14 to 16 inches. or stringers to slacken the net vertically. There are no restric- Each chamber of the recovery box must include a water tions on the hang ratio. The hang ratio is used to horizontally inlet hole between 3/4 inch and 1 inch in diameter, centered add slack to the net and is determined by the length of the horizontally across the door or end wall of the chamber and 1 web per length of the corkline. Nets not specifically autho- 3/4 inches from the floor of the chamber. Each chamber of rized for use in these areas may be onboard a vessel if prop- the recovery box must include a water outlet hole that is a erly stored (WAC 220-33-001)(2)). least 1 1/2 inches in diameter located on either the same or Net length can increase from 150 to 175 fathoms for opposite end as the inlet. The center of the outlet hole must nets constructed with a steelhead excluder panel, weedlines, be located a minimum of 12 inches above the floor of the box or droppers. An optional use of a steelhead excluder panel of or chamber. mesh may be hung between the corkline and the 4 1/4" max- The fisher must demonstrate to WDFW and ODFW imum mesh size tangle net. The excluder panel web must be employees, fish and wildlife enforcement officers, or other a minimum mesh size of 12" stretched measure when taut peace officers, upon request, that the pumping system is under hand tension. Monofilament mesh is allowed for the delivering the proper volume of fresh river water into each excluder panel only. The excluder panel must be a minimum chamber. of five feet in depth and must not exceed ten feet in depth as All non-legal sturgeon, non-adipose fin-clipped salmon, measured from the corkline to the upper margin of the tangle and steelhead must be released immediately to the river with net mesh as the net hangs naturally from a taut corkline. care and with the least possible injury to the fish, or placed Weedlines or droppers (bobber type) may be used in place of into an operating recovery box. the steelhead excluder panel. A weedline-type excluder Any fish that is bleeding or lethargic must be placed in means the net is suspended below the corkline by lines of no the recovery box prior to being released. All fish placed in less than five feet in length between the corkline and the recovery boxes must be released to the river prior to landing upper margin of the tangle net. A dropper-type excluder or docking. means the entire net is suspended below the surface of the Observer program: As a condition of fishing, owners water by lines of no less than five feet in length extending or operators of commercial fishing vessels must cooperate from individual surface floats to a submersed corkline. The with department observers or observers collecting data for corkline cannot be capable of floating the net in its entirety the department, when notified by the observer of his or her (including the leadline) independent of the attached floats. intent to board the commercial vessel for observation and Weedlines or droppers must extend a minimum of five feet sampling during an open fishery.

Emergency [ 6 ] Washington State Register, Issue 13-09 WSR 13-09-015

Live Capture workshop: Only licensed Columbia Lois Island; and a line from a marker on the southwest end of River commercial fishers that have completed the required Lois Island, westerly to a marker on the Oregon shore. state-sponsored workshop concerning livecapture commer- The South Channel area includes all waters bounded by cial may participate in this fishery. At a line from a marker on John Day Point through the green least one fisher on each boat must have live-capture certifica- USCG buoy #7 to a marker on the southwest end of Lois tion. Island, upstream to an upper boundary line from a marker on 24-hour quick reporting is required for Washington Settler Point, northwesterly to the flashing red USCG marker wholesale dealers, per WAC 220-69-240. #10, and northwesterly to a marker on Burnside Island defin- 2. Deep River Select Area ing the upstream terminus of South Channel. a) Dates: Thursday night April 18; Tuesday night, April c) Gear: Gillnets. 9 3/4-inch maximum mesh. In the 23; and each Monday and Thursday night from April 25 Tongue Point fishing area, gear restricted to a maximum net through June 14, 2013. Open hours are 7 PM to 7 AM. length of 250 fathoms, and weight not to exceed two pounds on any one fathom. In the South Channel fishing area, gear b) Area: From the markers at USCG navigation marker restricted to a maximum net length of 100 fathoms, no weight #16, upstream to the Highway 4 Bridge. restriction on leadline, and use of additional weights or c) Gear: Gillnets. 9 3/4-inch maximum mesh. Nets are anchors attached directly to the leadline is allowed. restricted to 100 fathoms in length with no weight restriction Nets not specifically authorized for use in these areas on leadline. Use of additional weights or anchors attached may be onboard a vessel if properly stored (WAC 220-33- directly to the leadline is allowed. Nets cannot be tied off to 001)(2)). Nets that are fished at any time between official stationary structures. Nets may not fully cross navigation sunset and official sunrise must have lighted buoys on both channel. It is unlawful to operate in any river, stream or ends of the net unless the net is attached to the boat. If the net channel any gillnet longer than three-fourths the width of the is attached to the boat, then one lighted buoy on the opposite stream (WAC 220-20-015)(1)). It is unlawful in any area to end of the net from the boat is required. use, operate, or carry aboard a commercial a d) Allowable Possession: Salmon, shad, and white stur- licensed net or combination of such nets, whether fished sin- geon. The sturgeon landing limit is two fish. The sturgeon gly or separately, in excess of the maximum lawful size or landing limit acts to limit the number of white sturgeon pos- length prescribed for a single net in that area, except as other- sessed or sold by each participating vessel during each calen- wise provided for in the rules and regulations of the depart- dar week (Sunday through Saturday) that the fishery is open. ment (WAC 220-20-122(1)). Nets not specifically autho- e) Miscellaneous: Fishers are required to call 971-230- rized for use in these areas may be onboard a vessel if prop- 8247 and leave a message including name, catch, and where erly stored (WAC 220-33-001)(2)). Nets that are fished at and when fish will be sold. Permanent transportation rules in any time between official sunset and official sunrise must effect. have lighted buoys on both ends of the net unless the net is attached to the boat. If the net is attached to the boat, then f) 24-hour quick reporting is in effect for Washington one lighted buoy on the opposite end of the net from the boat buyers. (WAC 220-69-240) (14)(d)). is required. 4. Blind Slough/Knappa Slough Select Area a) Area: Blind Slough and Knappa Slough areas are d) Allowable Possession: Salmon, shad, and white stur- both open. From May 2 until further notice, the lower bound- geon. The sturgeon landing limit is two fish. The sturgeon ary of the Knappa Slough fishing area is extended down- landing limit acts to limit the number of white sturgeon pos- stream to boundary lines defined by markers on the west end sessed or sold by each participating vessel during each calen- of Minaker Island to markers on Karlson Island and the Ore- dar week (Sunday through Saturday) that the fishery is open. gon Shore (fall season boundary). e) Miscellaneous: Transportation or possession of fish b) Dates: Thursday night, April 18; Tuesday night, outside the fishing area (except to the sampling station) is April 23; and Monday and Thursday nights from April 25 unlawful until WDFW staff has biologically sampled individ- through June 14, 2013. Open hours are 7:00 PM to 7:00 AM. ual catches. After sampling, fishers will be issued a transpor- c) Gear: Gillnets. 9 3/4-inch maximum mesh. Nets are tation permit by WDFW staff. A sampling station will be restricted to 100 fathoms in length, with no weight restriction established at WDFW's Oneida Road boat ramp, about 0.5 on leadline. Use of additional weights or anchors attached miles upstream of the lower Deep River area boundary directly to the leadline is allowed. (USCG navigation marker #16). Nets not specifically authorized for use in these areas f) 24-hour quick reporting is in effect for Washington may be onboard a vessel if properly stored (WAC 220-33- buyers. (WAC 220-69-240) (14)(d)). 001(2)). Nets that are fished at any time between official sun- 3. Tongue Point/South Channel set and official sunrise must have lighted buoys on both ends a) Dates: Monday and Thursday nights from April 25 of the net unless the net is attached to the boat. If the net is through June 14, 2013. Open hours are 7:00 PM to 7:00 AM. attached to the boat, then one lighted buoy on the opposite b) Area: Tongue Point fishing area includes all waters end of the net from the boat is required. bounded by a line extended from the upstream (southern d) Allowable Possession: Salmon, shad, and white stur- most) pier (#1) at the Tongue Point Job Corps facility, geon. The sturgeon landing limit is two fish. The sturgeon through navigation marker #6 to Mott Island (new spring landing limit acts to limit the number of white sturgeon pos- lower deadline); a line from a marker at the southeast end of sessed or sold by each participating vessel during each calen- Mott Island, northeasterly to a marker on the northwest tip of dar week (Sunday through Saturday) that the fishery is open.

[ 7 ] Emergency WSR 13-09-016 Washington State Register, Issue 13-09

e) 24-hour quick reporting is in effect for Washington Number of Sections Adopted Using Negotiated Rule buyers (WAC 220-69-240) (14)(d)). Permanent transporta- Making: New 0, Amended 0, Repealed 0; Pilot Rule Mak- tion rules in effect. ing: New 0, Amended 0, Repealed 0; or Other Alternative Reviser's note: The typographical errors in the above section occurred Rule Making: New 0, Amended 0, Repealed 0. in the copy filed by the agency and appear in the Register pursuant to the Date Adopted: April 9, 2013. requirements of RCW 34.08.040. Philip Anderson Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant Director to the requirements of RCW 34.08.040. NEW SECTION REPEALER WAC 232-28-61900P Exceptions to statewide rules— The following section of the Washington Administrative Columbia River sturgeon. Notwithstanding the provisions Code is repealed effective 7:00 AM April 9, 2013: of WAC 232-28-619: (1) Effective immediately until further notice, it is WAC 220-33-01000X Columbia River seasons unlawful to retain sturgeon caught in those waters of the below Bonneville. (13-51) Columbia River and tributaries from Bonneville Dam upstream to The Dalles Dam. (2) Effective immediately until further notice, it is unlawful to retain white sturgeon caught in those waters of WSR 13-09-016 the Columbia River and all adjacent Washington tributaries EMERGENCY RULES from the Wauna powerlines upstream to Bonneville Dam, DEPARTMENT OF except that a person may retain white sturgeon on Thursdays, Fridays and Saturdays only through June 15. FISH AND WILDLIFE (3) Effective May 1, 2013, until further notice, it is [Order 13-67—Filed April 9, 2013, 8:57 a.m., effective April 9, 2013, 8:57 a.m.] unlawful to fish for sturgeon from Bonneville Dam down- stream 9 miles to a line crossing the Columbia River from Effective Date of Rule: Immediately. navigation marker 82 on the Oregon shore, westerly to the Purpose: Amend recreational fishing rules. boundary marker on the Washington shore upstream of Fir Citation of Existing Rules Affected by this Order: Point. Repealing WAC 232-28-61900M; and amending WAC 232- (4) Effective May 11 through June 30, 2013, it is permis- 28-619. sible to retain white sturgeon caught in those waters of the Statutory Authority for Adoption: RCW 77.12.045, Columbia River from the mouth upstream to the Wauna pow- 77.12.047, and 77.04.020. erlines, and all adjacent Washington tributaries. Minimum Under RCW 34.05.350 the agency for good cause finds size when open to retain white sturgeon in this area is 38 that immediate adoption, amendment, or repeal of a rule is inches fork length through April 30 and 41 inches fork length necessary for the preservation of the public health, safety, or from May 11 onward. general welfare, and that observing the time requirements of (5) Effective July 1, 2013, until further notice, it is notice and opportunity to comment upon adoption of a per- unlawful to retain white sturgeon caught in those waters of manent rule would be contrary to the public interest. the Columbia River from the mouth upstream to Bonneville Reasons for this Finding: Establishes dates for the late- Dam and all adjacent Washington tributaries. spring and summer white sturgeon retention seasons above and below the Wanna [Wauna] powerlines. The regulation is REPEALER consistent with Washington fish and wildlife commission's The following section of the Washington Administrative guidance for 2013 lower Columbia River sturgeon manage- Code is repealed: ment. The dates for retention of white sturgeon are based on actions adopted at the joint Washington-Oregon public hear- WAC 232-28-61900M Exceptions to statewide ing on January 30, 2013. There is insufficient time to adopt rules—Columbia River stur- permanent rules. geon. (12-291) 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, WSR 13-09-031 Repealed 0. EMERGENCY RULES Number of Sections Adopted at Request of a Nongov- DEPARTMENT OF ernmental Entity: New 0, Amended 0, Repealed 0. FISH AND WILDLIFE Number of Sections Adopted on the Agency's Own Ini- [Order 13-69—Filed April 10, 2013, 8:50 a.m., effective April 12, 2013, tiative: New 1, Amended 0, Repealed 1. 12:01 a.m.] Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Effective Date of Rule: April 12, 2013, 12:01 a.m. Amended 0, Repealed 0. Purpose: Amend recreational fishing rules.

Emergency [ 8 ] Washington State Register, Issue 13-09 WSR 13-09-038

Citation of Existing Rules Affected by this Order: WSR 13-09-038 Repealing WAC 232-28-62100T; and amending WAC 232- EMERGENCY RULES 28-621. DEPARTMENT OF Statutory Authority for Adoption: RCW 77.12.045, FISH AND WILDLIFE 77.12.047, and 77.04.020. [Order 12-70—Filed April 11, 2013, 4:09 p.m., effective April 24, 2013, Under RCW 34.05.350 the agency for good cause finds 12:01 a.m.] that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or Effective Date of Rule: April 24, 2013, 12:01 a.m. general welfare, and that observing the time requirements of Purpose: Amend recreational fishing rules. notice and opportunity to comment upon adoption of a per- Citation of Existing Rules Affected by this Order: manent rule would be contrary to the public interest. Repealing WAC 232-28-61900T; and amending WAC 232- Reasons for this Finding: Preliminary estimates indicate 28-619. that the encounters of legal size chinook in Area 7 have Statutory Authority for Adoption: RCW 77.12.047 and exceeded the preseason expectations. This regulation 77.04.020. reduces the retention of salmon in Area 7 to a daily limit of Under RCW 34.05.350 the agency for good cause finds one in order to minimize encounters of legal size hatchery that immediate adoption, amendment, or repeal of a rule is and wild chinook and ensure compliance with conservation necessary for the preservation of the public health, safety, or objectives and agreed-to management plans. There is insuf- general welfare, and that observing the time requirements of ficient time to adopt permanent rules. notice and opportunity to comment upon adoption of a per- Number of Sections Adopted in Order to Comply with manent rule would be contrary to the public interest. Federal Statute: New 0, Amended 0, Repealed 0; Federal Reasons for this Finding: This emergency rule is neces- Rules or Standards: New 0, Amended 0, Repealed 0; or sary to ensure a safe and successful youth fishing event. Five Recently Enacted State Statutes: New 0, Amended 0, thousand trout will be planted three days prior to the event to Repealed 0. acclimate them and ensure they bite well. On April 27, 2013, Number of Sections Adopted at Request of a Nongov- preregistered kids will be allowed to fish during the event. ernmental Entity: New 0, Amended 0, Repealed 0. There is insufficient time to adopt permanent rules. Number of Sections Adopted on the Agency's Own Ini- Number of Sections Adopted in Order to Comply with tiative: New 1, Amended 0, Repealed 1. Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Number of Sections Adopted in Order to Clarify, Recently Enacted State Statutes: New 0, Amended 0, Streamline, or Reform Agency Procedures: New 0, Repealed 0. Amended 0, Repealed 0. Number of Sections Adopted at Request of a Nongov- Number of Sections Adopted Using Negotiated Rule ernmental Entity: New 0, Amended 0, Repealed 0. Making: New 0, Amended 0, Repealed 0; Pilot Rule Mak- Number of Sections Adopted on the Agency's Own Ini- ing: New 0, Amended 0, Repealed 0; or Other Alternative tiative: New 1, Amended 0, Repealed 1. Rule Making: New 0, Amended 0, Repealed 0. Number of Sections Adopted in Order to Clarify, Date Adopted: April 10, 2013. Streamline, or Reform Agency Procedures: New 0, Joe Stohr Amended 0, Repealed 0. for Philip Anderson Number of Sections Adopted Using Negotiated Rule Director Making: New 0, Amended 0, Repealed 0; Pilot Rule Mak- ing: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. NEW SECTION Date Adopted: April 11, 2013. WAC 232-28-62100T Puget Sound salmon—Saltwa- Philip Anderson ter seasons and daily limits. Notwithstanding the provisions Director of WAC 232-28-621, effective 12:01 a.m. April 12 through April 30, 2013, in waters of Catch Record Card Area 7, the salmon daily limit is one Chinook, release wild Chinook. NEW SECTION Unless otherwise amended, all permanent rules remain in WAC 232-28-61900T Exceptions to statewide effect. rules—Sarg Hubbard Park Pond (Reflection Pond). Not- withstanding the provisions of WAC 232-28-619, effective REPEALER 12:01 a.m. April 24, through 4:00 p.m. April 27, 2013, it is unlawful to fish in Sarg Hubbard Park Pond, except as pro- The following section of the Washington Administrative vided in the sections below: Code is repealed effective 12:01 a.m. May 1, 2013: (a) Open to fishing 9:00 a.m. to 4:00 p.m. April 27, 2013, by juvenile anglers participating in the Yakima Greenway WAC 232-28-62100T Puget Sound salmon—Salt- Association's "Kids' Fish-In" event. water seasons and daily lim- (b) The daily limit is reduced to two trout during the its. youth fishing event.

[ 9 ] Emergency WSR 13-09-045 Washington State Register, Issue 13-09

REPEALER NEW SECTION The following section of the Washington Administrative WAC 232-28-61900K Exceptions to statewide Code is repealed effective 4:01 p.m. April 27, 2013: rules—Columbia River. Notwithstanding the provisions of WAC 232-28-619, effective immediately through April 30, WAC 232-28-61900T Exceptions to statewide 2013, for all species is prohibited from a line between rules—Sarg Hubbard Park the upstream end of Sand Island (near Rooster Rock) on the Pond. Columbia River, to a marker on the Oregon shore, down- stream to a line between the lower end of Sand Island and a marker on the Oregon shore.

WSR 13-09-045 REPEALER EMERGENCY RULES The following section of the Washington Administrative DEPARTMENT OF Code is repealed: FISH AND WILDLIFE [Order 13-65—Filed April 12, 2013, 3:17 p.m., effective April 12, 2013, WAC 232-28-61900N Exceptions to statewide 3:17 p.m.] rules—Columbia River. (12- 292) Effective Date of Rule: Immediately. The following section of the Washington Administrative Purpose: Amend recreational fishing rules. Code is repealed effective May 1, 2013: Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900N and 232-28-61900K; and WAC 232-28-61900K Exceptions to statewide amending WAC 232-28-619. rules—Columbia River. Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020. Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is WSR 13-09-046 necessary for the preservation of the public health, safety, or EMERGENCY RULES general welfare, and that observing the time requirements of DEPARTMENT OF notice and opportunity to comment upon adoption of a per- FISH AND WILDLIFE manent rule would be contrary to the public interest. [Order 12-68—Filed April 12, 2013, 3:22 p.m., effective April 12, 2013, Reasons for this Finding: Large aggregations of white 3:22 p.m.] sturgeon hold in the shallow slough east of Rooster Rock State Park between Sand Island and the Oregon shore during Effective Date of Rule: Immediately. the winter/spring months. High harvests and prob- Purpose: Amend recreational fishing rules. lems have prompted emergency closures the past three win- Citation of Existing Rules Affected by this Order: ters. This action conforms Washington state rules with Ore- Repealing WAC 232-28-61900L; and amending WAC 232- gon state rules. This emergency rule is interim until the per- 28-619. manent rule takes effect. Statutory Authority for Adoption: RCW 77.12.047 and Number of Sections Adopted in Order to Comply with 77.04.020. Federal Statute: New 0, Amended 0, Repealed 0; Federal Under RCW 34.05.350 the agency for good cause finds Rules or Standards: New 0, Amended 0, Repealed 0; or that immediate adoption, amendment, or repeal of a rule is Recently Enacted State Statutes: New 0, Amended 0, necessary for the preservation of the public health, safety, or Repealed 0. general welfare, and that observing the time requirements of Number of Sections Adopted at Request of a Nongov- notice and opportunity to comment upon adoption of a per- ernmental Entity: New 0, Amended 0, Repealed 0. manent rule would be contrary to the public interest. Number of Sections Adopted on the Agency's Own Ini- Reasons for this Finding: One of the provisions of the tiative: New 1, Amended 0, Repealed 2. Washington fish and wildlife commission's new draft policy, Number of Sections Adopted in Order to Clarify, "Columbia River Basin Salmon Management," included Streamline, or Reform Agency Procedures: New 0, requiring sport anglers fishing for salmon and steelhead in Amended 0, Repealed 0. the mainstem Columbia River to use barbless hooks begin- ning in 2013. This regulation is needed to maintain concur- Number of Sections Adopted Using Negotiated Rule rent regulations between Oregon and Washington in those Making: New 0, Amended 0, Repealed 0; Pilot Rule Mak- waters of the mainstem Columbia River where the two states ing: New 0, Amended 0, Repealed 0; or Other Alternative share a boundary. These rules are interim until permanent Rule Making: New 0, Amended 0, Repealed 0. rules take effect. Date Adopted: April 12, 2013. Number of Sections Adopted in Order to Comply with Philip Anderson Federal Statute: New 0, Amended 0, Repealed 0; Federal Director Rules or Standards: New 0, Amended 0, Repealed 0; or

Emergency [ 10 ] Washington State Register, Issue 13-09 WSR 13-09-046

Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. Number of Sections Adopted at Request of a Nongov- ernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's Own Ini- tiative: 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 Mak- ing: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Date Adopted: April 12, 2013. Philip Anderson Director

NEW SECTION WAC 232-28-61900R Freshwater exceptions to state- wide rules—Columbia River. Notwithstanding the provi- sions of WAC 232-28-619 and WAC 220-56-123, effective immediately until further notice, it is unlawful to use other than barbless hooks while fishing for salmon, steelhead and cutthroat trout in the mainstem Columbia River, including the north jetty, from Buoy 10 upstream to the Washing- ton/Oregon border above McNary Dam.

REPEALER The following section of the Washington Administrative Code is repealed: WAC 232-28-61900L Freshwater exceptions to statewide rules. (12-289)

[ 11 ] Emergency