WSR 09-12-118

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-100 -- Filed June 3, 2009, 8:55 a.m. , effective June 6, 2009 ]


Effective Date of Rule: June 6, 2009.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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: Wild summer steelhead inhabiting the affected waters are part of the Puget Sound steelhead distinct population segment, which is listed as threatened under the Endangered Species Act. This emergency rule is needed to protect wild summer steelhead from incidental fishing mortality. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 3, 2009.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900T   Exceptions to statewide rules -- South Fork Nooksack River, North Fork Skykomish River, Tolt River, Finney Creek, Canyon Creek, Skokomish River, South Fork Skokomish River, and Dungeness River.   Notwithstanding the provisions of WAC 232-28-619, effective June 6, 2009 until further notice, it is unlawful to violate the following provisions in the following waters:

(1) South Fork Nooksack River (Skagit/Whatcom Co.), from the mouth to Skookum Creek confluence: All game fish - catch and release, except up to 2 hatchery steelhead may be retained. Selective gear rules and night closure in effect.

(2) North Fork Skykomish River (Snohomish Co.), from the mouth to Deer Falls (about 1/4 mile upstream of Goblin Creek), closed waters from 1,000' downstream of Bear Creek Falls to Deer Falls. All game fish - catch and release, except up to 2 hatchery steelhead maybe retained. Selective gear rules and night closure in effect.

(3) Tolt River (King Co.), from the mouth to USGS trolley cable near the confluence of North and South Forks: All game fish - catch and release, except up to 2 hatchery steelhead may be retained. Selective gear rules in effect.

(4) Finney Creek (Skagit Co.), Closed waters.

(5) Canyon Creek (Snohomish Co.), from the mouth to forks. All game fish - catch and release, except up to 2 hatchery steelhead may be retained. Selective gear rules in effect.

(6) Skokomish River (Mason Co.), from the mouth to Hwy. 101 Bridge: All game fish - catch and release. June 6 through July 31, selective gear rules in effect, except fishing from a motorized vessel allowed.

(7) South Fork Skokomish (Mason Co.), from Rule Creek upstream: All game fish - catch and release; selective gear rules in effect.

(8) Dungeness River (Clallam Co.), from Gold Creek upstream: All game fish - catch and release; selective gear rules in effect.

[]

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.

Washington State Code Reviser's Office