WSR 17-23-074
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 17-315—Filed November 13, 2017, 4:14 p.m., effective November 16, 2017]
Effective Date of Rule: November 16, 2017.
Purpose: Amends recreational fishing rules for the Hoko River.
Citation of Rules Affected by this Order: Amending WAC 220-312-020.
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: This emergency rule is necessary because hatchery steelhead smolts released in the spring of 2016 and 2017 into the Hoko River were not fin clipped. These fish will begin returning in the coming winter. Dorsal fin heights of hatchery reared steelhead are shorter than comparably sized wild steelhead. The standard of 2 1/8 inches has been used elsewhere to identify hatchery steelhead when fin clips are lacking. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 13, 2017.
J. W. Unsworth
Director
NEW SECTION
WAC 220-312-02000S Freshwater exceptions to statewide rulesCoastal.
Notwithstanding the provisions of WAC 220-312-020, effective November 16, 2017 until further notice:
It is permissible to retain steelhead with a dorsal fin height of less than 2 1/8 inches or with an adipose or ventral fin clip.