WSR 17-14-079
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 17-147—Filed June 29, 2017, 3:41 p.m., effective June 29, 2017, 3:41 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend the Sultan River authorized work time in the Gold and Fish Pamphlet to protect fall Chinook, coho and steelhead because a new fish passage structure now allows anadromous fish to spawn above the city of Everett's municipal drinking water diversion dam.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-660-30000A; and amending WAC 220-660-300.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 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 Washington department of fish and wildlife (WDFW) must revise the authorized work times in the Gold and Fish Pamphlet for the Sultan River upstream of the city of Everett's municipal drinking water diversion dam located at river mile 9.4. Work on the diversion dam completed in October 2016 now enables anadromous species of salmon and trout found in the lower Sultan River to pass above the diversion dam to spawn and rear. Since November 2016, fisheries biologists from Snohomish Public Utilities District have documented anadromous fish above the diversion dam.
The current authorized work time for the section of river upstream of the diversion to Elk Creek and upstream of Elk Creek is July 16 to February 28. This work time protected resident trout spawning and incubation areas. Now WDFW must amend the authorized work time for the section of river upstream of the diversion dam to river mile 15.7 (0.7 river miles below the Culmback Dam) from July 16 to February 28 to August 1 to August 31 to protect fall Chinook and coho salmon and steelhead spawning and incubation areas as well. Fall Chinook spawning and incubation occur from September 1 to April 30; coho spawning and incubation occur from November 1 to March 31 and steelhead spawning and incubation occur from March 1 to July 31. Steelhead and fall Chinook are (state/federally) listed species. The authorized work time from river mile 15.7 upstream to Elk Creek and upstream of Elk Creek will remain unchanged. See Table 1. The spawning and incubation times are based on data from Sultan River spawning ground surveys conducted by the Snohomish Public Utilities District, WDFW and others.
Without modification to the work windows, spawning anadromous fish could be impacted by mineral prospectors working under the statewide Gold and Fish Pamphlet during the 2017 spawning season because prospecting activities could take place where fish are spawning.
WDFW is working with mineral prospectors who have individual hydraulic project approvals (HPA) or pending applications for individual HPAs to identify locations where spawning is unlikely to occur due to site-specific conditions. WDFW can issue individual HPAs that vary the work windows where there is no impact to fish life. Mineral prospectors may continue to submit applications for individual HPAs which will have a site-specific authorized work time. There is no fee for a prospecting HPA.
WDFW anticipates rule making for a permanent modification to the rule to begin in September 2017 and encourages all stakeholders with information about fish presence or absence to participate in the public process.
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: June 29, 2017.
J. W. Unsworth
Director
NEW SECTION
WAC 220-660-30000B Mineral prospecting.
Notwithstanding the provisions of WAC 220-660-300, effective immediately until further notice the following rules apply. Unless otherwise amended, all permanent rules remain in effect.
County
Mineral Prospecting Allowable Dates
Prospecting Equipment with 4 1/4" nozzle
Prospecting Equipment with 5 1/4" Nozzle
Snohomish County
 
 
 
Sultan River (07.0881) – Mouth to Diversion Dam at river mile 9.4
August 1 – August 15
X
X
Sultan River (07.0881) – Diversion Dam to river mile 15.7 (0.7 river miles downstream of Culmback Dam)
August 1 – August 31
X
X
Sultan River (07.0881) – Upstream of river mile 15.7 to Elk Creek
July 16 – February 28
X
X
Sultan River (07.0881) – Upstream of Elk Creek
July 16 – February 28
X
-
Reviser's note: The unnecessary underscoring 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 220-660-30000A
Mineral prospecting. (17-132)