WSR 16-24-053 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 16-310—Filed December 2, 2016, 9:10 a.m., effective December 5, 2016] Effective Date of Rule: December 5, 2016.
Purpose: Amend freshwater recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-310-19000B; and amending WAC 220-310-190.
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: This emergency rule is needed to close these waters because the Tokul Creek and Whitehorse hatcheries are expecting a very low return of hatchery early winter steelhead this year as there were no smolt releases in 2014 or 2015. All returning hatchery fish will be needed for broodstock to ensure egg take goals are met. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 2, 2016.
J. W. Unsworth
Director
NEW SECTION
WAC 220-310-19000B Freshwater exceptions to statewide rules—Puget Sound.
Notwithstanding the provisions of WAC 220-310-190:
(1) Effective December 5, 2016 through February 15, 2017, the following waters are closed to fishing:
(a) Stillaguamish River; Closed from Marine Drive (South of Stanwood) upstream to the forks.
(b) North Fork Stillaguamish River; Closed from the mouth upstream to the mouth of French Creek.
(c) South Fork Stillaguamish River; Closed from the mouth upstream to the Granite Falls Fishway.
(d) Canyon Creek; Closed from mouth to forks.
(e) Pilchuck Creek; Closed from mouth to the Highway 9 Bridge.
(2) Effective December 16, 2016 through February 15, 2017, the following waters are closed fishing:
(a) Tokul Creek; from the mouth upstream to the hatchery intake.
(b) Tolt River; from the mouth to the confluence with the North and South Forks.
(c) Raging River; from the mouth to the Highway 18 Bridge (upstream of Preston).
(d) Snoqualmie River; from the mouth upstream to Snoqualmie Falls.
(3) Effective Feb. 1 through February 15, 2017, the following waters are closed to fishing:
(a) North Fork Stillaguamish River; Closed from the mouth of French Creek upstream to Swede Heaven Bridge.
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 effective February 16, 2017:
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