WSR 15-17-061 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-251—Filed August 14, 2015, 10:49 a.m., effective August 14, 2015, 10:49 a.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-310-19500B; and amending WAC 220-310-195.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 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: Afternoon water temperatures in Yakima Basin rivers and creeks are approaching the upper limit for survival of trout and salmon. Most of the above waters do not benefit from cold water releases from the Bureau of Reclamation storage reservoirs. These select waters receive significant summer fishing effort that will subject hooked fish to handling stress, injury or death directly related to elevated water temperature combined with record low instream flow conditions. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 14, 2015.
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-310-19500G Freshwater exceptions to statewide rules—Eastside.
Notwithstanding the provisions of WAC 220-310-195, effective immediately until further notice, currently open fisheries for game fish in the Yakima River basin are modified as follows:
(1) Ahtanum Creek, including North and Middle Forks: Closed
(2) Naches River from Tieton River to Bumping River/Little Naches River: Closed from 2:00 p.m. until 12:00 midnight
(3) Rattlesnake Creek: Closed from 2:00 p.m. until 12:00 midnight
(4) Little Naches River: Closed
(5) Teanaway River, including West, Middle and North Forks: Closed
(6) Yakima River from the Interstate 82 Bridge at Union Gap to the South Cle Elum Bridge: Closed from 2:00 p.m. until 12:00 midnight.
(7) Swauk Creek and all tributaries downstream of Williams Creek: Closed from 2:00 p.m. until 12:00 midnight
(8) Williams Creek and all tributaries: Closed
(9) Swauk Creek and all tributaries upstream of Williams Creek: Closed
(10) American River from: a) mouth to Hwy. 410 Bridge downstream of the USFS Hell's Crossing Campground (river mile 5.4), and b) upstream of the Mesatchee Creek Trail crossing at river mile 15.8: Closed
REPEALER
The following section of the Washington Administrative Code is repealed:
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