WSR 11-04-044

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-07 -- Filed January 25, 2011, 10:50 a.m. , effective February 1, 2011 ]


Effective Date of Rule: February 1, 2011.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 232-28-619.

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 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 2010-2011 forecast of wild steelhead returning to the Snohomish River system is well below the spawning goal. These closures will reduce the incidental hooking mortalities of wild steelhead. Puget Sound wild steelhead populations are listed as "threatened" under the Endangered Species Act. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 25, 2011.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900Q   Exceptions to statewide rules.   Notwithstanding the provisions of WAC 232-28-619:

- Snohomish River: from the mouth (Burlington Northern railroad bridge) upstream to confluence of the Skykomish and Snoqualmie rivers will be closed to all fishing on February 1, 2011.

- Skykomish River: From the mouth to the Highway 2 bridge at the Big Eddy Access: Closed to all fishing, effective February 1, 2011.

- Skykomish River: From the Highway 2 bridge at the Big Eddy Access to confluence of North and South forks: Closed to all fishing effective, February 16, 2011.

- North Fork Skykomish River: From the mouth to 1000 feet downstream of Bear Creeks Falls: Closed to all fishing, effective February 1, 2011.

- South Fork Skykomish River: From the mouth to 600 feet downstream of Sunset Falls Fishway: Closed to all fishing, effective February 1, 2011.

- Pilchuck River: From the mouth to 500 feet downstream of the Snohomish City diversion dam: Closed to all fishing, effective February 1, 2011.

- Sultan River: From the mouth to 400 feet downstream of diversion dam (river mile 9.7): Closed to all fishing, effective February 1, 2011.

- Wallace River: From the mouth (farthest downstream railroad bridge) to 200 feet upstream of the water intake of the salmon hatchery: Closed to all fishing, effective February 16, 2011.

- Wallace River: From 200 feet upstream the of the water intake of the salmon hatchery to Wallace Falls: Closed to all fishing, effective February 1, 2011.

- Snoqualmie River: From the mouth to the boat ramp at Plumb access: Closed to all fishing, effective February 1, 2011.

- Snoqualmie River: From the boat ramp at Plumb access to Snoqualmie Falls will be closed to all fishing effective February 16, 2011.

- Tolt River: From the mouth to the USGS trolley cable near the confluence of the North and South Forks: Closed to all fishing, effective February 1, 2011.

- Raging River: From the mouth to the Highway 18 Bridge: Closed to all fishing effective February 1, 2011.

- Tokul Creek: From the mouth to the posted cable boundary marker: Closed to all fishing, effective February 16, 2011.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office