WSR 12-15-029

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-142 -- Filed July 11, 2012, 4:15 p.m. , effective July 14, 2012 ]


Effective Date of Rule: July 14, 2012.

Purpose: Amend recreational fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900L and 232-28-61900V; 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: Early returns to the Wallace River Hatchery indicate that the hatchery run size is stronger than forecasted and that broodstock collection goals can be met even with a Skykomish River fishery. Hatchery chinook salmon are available for harvest, which will allow additional recreational fishing opportunity. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 11, 2012.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900S   Freshwater exceptions to statewide rules.   Notwithstanding the provisions of WAC 232-28-619, effective immediately until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:

1. Baker Lake (Whatcom Co.):

Salmon: Open until further notice. Daily limit three sockeye only. Minimum size 18 inches.

2. Green River (King Co.): Closed to fishing from Auburn Black Diamond Road to the mouth of Cristy Creek.

3. Deschutes River (Thurston Co.):

From the Old Highway 99 Bridge on Capitol Boulevard in Tumwater, upstream to the Henderson Boulevard Bridge near Pioneer Park: Selective gear rules when fishing for salmon.

4. Hoko River (Clallam Co.):

From mouth to upper Hoko Bridge: Permissible to fish up to the hatchery ladder, except closed to fishing from shore on the hatchery side of the river from the ladder downstream 100 feet.

5. McAllister Creek (Thurston Co.):

From mouth to Olympia-Steilacoom Road Bridge: Salmon: Open until further notice. Daily limit of six, and up to two adults may be retained.

6. Nooksack River (Whatcom Co): Closed to salmon fishing.

7. Skagit River (Skagit Co.):

From Memorial Highway Bridge (highway 536 at Mount Vernon), upstream to Gilligan Creek: Anti-snagging rule and night closure in effect until further notice. Salmon: Open through July 15, 2012. Daily limit of three sockeye.

8. Skykomish River (Snohomish Co.):

Effective July 14 through August 15, 2012, it is permissible to fish for salmon from the mouth upstream to the mouth of the Wallace River.

(a) From the Mouth to the Lewis Street Bridge in Monroe, daily limit 2 hatchery Chinook, minimum size 12 inches in length. Starting August 1, night closure and anti-snagging rules in effect.

(b) From the Lewis Street Bridge in Monroe to the Wallace River, daily limit 2 hatchery Chinook, minimum size 12 inches in length. Night closure and anti-snagging rules in effect.

9. Skykomish River (Reiter Ponds outlet)

Immediately through July 31, 2012, it is unlawful to fish from any floating device in waters 1,000 feet downstream to 1,500 feet upstream of Reiter Ponds outlet.

[]


REPEALER


The following sections of the Washington Administrative Code are repealed effective July 14, 2012:


WAC 232-28-61900L Exceptions to statewide rules -- 2012 North of Falcon. (12-72)
WAC 232-28-61900V Exceptions to statewide rules -- Skykomish River (Reiter Ponds outlet) (12-94)

Washington State Code Reviser's Office