WSR 14-20-038
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 14-246—Filed September 24, 2014, 9:55 a.m., effective September 24, 2014, 9:55 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-310-18000E; and amending WAC 220-310-180.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.12.045, and 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: These rules were inadvertently omitted from the agencies [agency's] permanent rule filing for recreational fishing. An emergency rule is needed to allow anglers to retain chum salmon as part of their daily salmon limit. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 24, 2014.
Philip Anderson
Director
NEW SECTION
WAC 220-310-18000F Freshwater exceptions to statewide rules—Coast.
Notwithstanding the provisions of WAC 220-310-180, retention of chum is allowed when open to salmon fishing; all permanent rules remain in effect:
(1) Bear River (Pacific Co.): From the mouth (Highway 101 Bridge) to Lime Quarry Road (approximately two river miles).
(2) Fork Creek (Pacific Co.) (Willapa River tributary): From Forks Creek Hatchery rack upstream 500 feet at fishing boundary sign: Open only for anglers with disabilities who permanently use a wheelchair and possess a designated harvester companion card.
(3) Middle Nemah River (Pacific Co.): From the mouth upstream to the department of natural resources bridge on the Middle Nemah A-Line Road.
(4) Naselle River (Pacific/Wahkiakum counties): From the Highway 101 Bridge to the Crown Mainline (Salme) Bridge.
(5) Niawiakum River (Pacific Co.): From Highway 101 Bridge to the South Bend/Palix Road Bridge.
(6) North Nemah River (Pacific Co.): From Highway 101 Bridge upstream to the bridge on Nemah Valley Road: Through November 30, 2014, anglers may also retain one additional adult hatchery Chinook as part of the daily limit.
(7) North River (Grays Harbor/Pacific counties): From the Highway 105 Bridge to Fall River.
(8) Palix River, including all forks (Pacific Co.): From the Highway 101 Bridge to the mouth of the Middle Fork:
(9) Smith Creek (near North River) (Pacific Co.): From the mouth to the Highway 101 Bridge.
(10) South Nemah River (Pacific Co.): From the mouth (Lynn Point, 117 degrees true to opposite shore) to the confluence with Middle Nemah River.
(11) Willapa River (Pacific Co.): From the mouth (city of South Bend boat launch) to Fork Creek.
(12) Willapa River, South Fork (Pacific Co.): From the mouth to the bridge on Pehl Road.
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.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 220-310-18000E
Freshwater exceptions to statewide rules—Coastal. (14-243)