WSR 11-04-045

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-08 -- Filed January 25, 2011, 10:51 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 Stillaguamish 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 232-28-61900R   Exceptions to statewide rules.   Notwithstanding the provisions of WAC 232-28-619:

(1) Stillaguamish River: From Marine Drive upstream to the forks: Closed to all fishing, effective February 1, 2011.

(2) North Fork Stillaguamish River: From the mouth to the mouth of French Creek: Closed to all fishing, effective February 1, 2011.

(3) North Fork Stillaguamish River: From the mouth of French Creek to the Swede Heaven Bridge: Closed to all fishing, effective February 16, 2011.

(4) South Fork Stillaguamish River: From the mouth to 400 feet below the Granite Falls fishway outlet: Closed to all fishing, effective February 1, 2011.

(5) Pilchuck Creek: From the mouth to the Highway 9 bridge: Closed to all fishing, effective February 1, 2011.

(6) Canyon Creek: From the mouth upstream: Closed to all fishing, effective February 1, 2011.

[]

Washington State Code Reviser's Office