WSR 17-22-013 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 17-285—Filed October 19, 2017, 3:21 p.m., effective October 19, 2017, 3:21 p.m.] Effective Date of Rule: Immediately upon filing. Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The department has filed a CR-101 (WSR-17-20-109) for a permanent rule and is actively undertaking the appropriate procedures to adopt this emergency rule as a permanent rule. 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 Rules Affected by this Order: Repealing WAC 220-660-30000B; and amending WAC 220-660-300. 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) filed an emergency rule on June 29, 2017, revising the authorized work time 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. That emergency rule expires October 24, 2017. WDFW started rule making (WSR-17-20-109) for a permanent modification on October 4, 2017, but a second emergency rule is needed until the permanent rule is adopted.
Work on the diversion dam completed in October 2016 now enables steelhead, fall Chinook and coho salmon found in the lower Sultan River to pass above the diversion dam to spawn and rear. The current authorized work time for the section of river upstream of the diversion is July 16 to February 28. This work time protected resident trout spawning and incubation areas. 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 steelhead and salmon spawning and incubation areas as well. The authorized work time from river mile 15.7 upstream to Elk Creek and upstream of Elk Creek will remain unchanged.
Without modification to the work windows steelhead and salmon eggs and alevins 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. 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 the 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: October 19, 2017. J. W. Unsworth Director
NEW SECTION
WAC 220-660-30000C Mineral prospecting.
Notwithstanding the provisions of WAC 220-660-300, effective immediately until further notice, the following rules apply:
Reviser's note: The unnecessary strike through and 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:
Reviser's note: The section above appears as filed by the agency pursuant to RCW 34.08.040; however, the reference to WAC 220-330-66000B is probably intended to be WAC 220-660-30000B. | ||||||||||||||||||||||||