WSR 14-21-037 EMERGENCY RULES DEPARTMENT OF
FISH AND WILDLIFE
[Order 14-292—Filed October 7, 2014, 9:40 a.m., effective October 7, 2014, 9:40 a.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-310-19000J; and amending WAC 220-310-190.
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: The current flow level in the Dungeness River is well below the mean flow for early October. This lack of flow leaves Dungeness chinook salmon, an Endangered Species Act listed stock within the Puget Sound ESU, particularly susceptible to disturbance as their spawning activities conclude, necessitating closing a portion of the river to fishing. The department anticipates that rainfall sufficient to recharge the system and draw coho into the river will occur by October 16. However, if projected rainfall is not sufficient to recharge the system, the closure may be extended until sufficient flow levels are reached. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 7, 2014.
Philip Anderson
Director
NEW SECTION
WAC 220-310-19000J Freshwater exceptions to statewide rules—Puget Sound.
Notwithstanding the provisions of WAC 220-310-190, effective October 8 through October 15, 2014, the waters of the Dungeness River from the mouth upstream to the hatchery intake pipe at river mile 11.3 are closed to fishing. All other permanent rules remain in effect.
REPEALER
The following section of the Washington Administrative code is repealed effective October 16, 2014:
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