WSR 11-15-033

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-150 -- Filed July 12, 2011, 2:43 p.m. , effective July 18, 2011 ]


Effective Date of Rule: July 18, 2011.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900R; and 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 repairs of an instream weir and fish ladder on Cook Slough require the installation of a cofferdam upstream of the weir and restriction of flows to thirty cubic feet per second through Cook Slough. A fish exclusion device at the downstream end will prevent fish from entering Cook Slough. Closing these areas will ensure public safety. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: July 12, 2011.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900R   Exceptions to statewide rules -- Cook (Koch) Slough - side channel of Stillaguamish River.   Notwithstanding the provisions of WAC 232-28-619, effective July 18 through October 15, 2011, it is unlawful to fish in the following waters:

(1) All of Cook (Koch) Slough (a side channel of the Stillaguamish River beginning approximately 1/2 mile west of Interstate 5). The closure area begins 350 feet upstream of the diversion dam and continues approximately 3.5 river miles to the downstream confluence with the Stillaguamish River

(2) The North Meander (a side channel that connects the mainstem Stillaguamish with Cook Slough).

(3) The Stillaguamish River from the downstream confluence with Cook Slough to 1,000 feet downstream.

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REPEALER


The following section of the Washington Administrative Code is repealed effective October 16, 2011:


WAC 232-28-61900R Exceptions to statewide rules -- Cook (Koch) Slough - side channel of Stillaguamish River.

Washington State Code Reviser's Office