WSR 04-05-048

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-23 -- Filed February 13, 2004, 8:03 a.m. , effective March 1, 2004, 12:01 a.m. ]

Date of Adoption: February 12, 2004.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900L; and amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 77.12.047.

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 2003/2004 wild winter steelhead runs for the Skagit, Snohomish, Stillaguamish, and Puyallup River systems are forecasted to be below or right at escapement needs. Predicted wild steelhead run sizes for the river systems are anticipated to be between approximately 35 and 100% of wild steelhead escapement requirements. On all systems there is no harvestable surplus. Closures will eliminate potential hooking mortality and disturbance of spawning fish. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: March 1, 2004, 12:01 a.m.

February 12, 2004

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900L   Exceptions to statewide rules -- Skykomish River (mainstem), North Fork Stillaguamish River, Puyallup River, Carbon River, Skagit River and Fisher Slough.   Notwithstanding the provisions of WAC 232-28-619, effective March 1, 2004:


Skykomish River

(Mainstem)

From mouth to the mouth of the Sultan River: Closed to fishing March 1, 2004 through April 30, 2004.
Stillaguamish River

(North Fork)

From mouth to Swede Heaven Bridge: Closed to fishing March 1, 2004 through May 31, 2004.
Puyallup River From 11th Street Bridge upstream to Soldier's Home Bridge in Orting: Closed to fishing March 1, 2004 through March 31, 2004.
Carbon River From mouth to Highway 162 Bridge: Closed to fishing March 1, 2004 through March 31, 2004.
Skagit River From mouth to Memorial Highway Bridge, Hwy. 536 at Mt. Vernon: Closed to fishing March 1, 2004 through March 31, 2004.
Open April 1, 2004 through May 31, 2004, selective gear rules except lawful to fish from motorized vessels, but will remain closed to fishing for steelhead.
From Memorial Highway Bridge, Hwy. 536 at Mt. Vernon to Dalles Bridge at Concrete: Closed to fishing March 1, 2004 through May 31, 2004.
Fisher Slough From mouth to Highway 530 Bridge: Closed to fishing March 1, 2004 through May 31, 2004.

[]


REPEALER

The following section of the Washington Administrative Code is repealed effective June 1, 2004:


WAC 232-28-61900L Exceptions to statewide rules -- Skykomish River (mainstem), North Fork Stillaguamish River, Puyallup River, Carbon River, Skagit River and Fisher Slough.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office