WSR 10-05-071

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-24 -- Filed February 12, 2010, 2:43 p.m. , effective February 18, 2010 ]


Effective Date of Rule: February 18, 2010.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900Q; and 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: To reduce incidental mortality of wild steelhead. The 2009-2010 forecast of wild steelhead returning to the Snohomish River is 2,552 fish, which is well below the spawning goal of 6,500 steelhead. This action will reduce the incidental hooking mortalities of wild steelhead. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 12, 2010.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900Q   Exceptions to statewide rules -- Snohomish, Snoqualmie, Skykomish, North Fork Skykomish, South Fork Skykomish, Pilchuck, Sultan, Tolt and Raging rivers.   Notwithstanding the provisions of WAC 232-28-619, effective February 18 through June 4, 2010, it is unlawful to fish in the following waters:

(1) The Snohomish River from the mouth (Burlington Northern railroad bridges) to the confluence of the Skykomish and Snoqualmie rivers, including all channels, sloughs, and interconnected waterways.

(2) The Snoqualmie River from the mouth to the boat launch at Plum Landing (1/4 below Tokul Creek).

(3) The Skykomish River from the mouth to the forks.

(4) The North Fork of the Skykomish from the mouth to Deer Falls (about 1/4 mile upstream of Goblin Creek).

(5) The South Fork of the Skykomish from the mouth to the Sunset Falls Fishway.

(6) The Pilchuck River from the mouth to the Snohomish City diversion dam.

(7) The Sultan River from the mouth to the diversion dam at river mile 9.7.

(8) The Tolt River from the mouth to the confluence of the North and South Fork.

(9) The Raging River from the mouth to the Highway 18 Bridge.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. June 5, 2010:


WAC 232-28-61900Q Exceptions to statewide rules -- Snohomish, Snoqualmie, Skykomish, North Fork Skykomish, South Fork Skykomish, Pilchuck, Sultan, Tolt and Raging rivers.

Washington State Code Reviser's Office