WSR 15-18-062 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-278—Filed August 27, 2015, 2:35 p.m., effective August 27, 2015, 2:35 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend recreational fishing rules for low water and elevated water temperatures.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-310-19000C; and amending WAC 220-310-190.
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: Drought and the resulting low water flows have had detrimental impacts to these waters. Water temperatures in the rivers are exceeding the upper limit of tolerance for salmonids and native game fishes. Angling and handling of Endangered Species Act listed and/or wild salmon at these temperatures further reduces survival after release. The daily "hoot owl" closures are intended to reduce angling pressure and potential fish mortality by removing angling during periods of the day when fish are stressed from elevated temperatures. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 27, 2015.
J. W. Unsworth
Director
NEW SECTION
WAC 220-310-19000F Freshwater exceptions to statewide rules—Puget Sound.
Notwithstanding the provisions of WAC 220-310-190, 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) Raging River (King Co.) From the mouth upstream closed to all fishing until further notice.
(2) Skykomish River (Snohomish Co.) From mouth upstream closed to all fishing, except the section around Reiter Ponds remains open from the Gold Bar/Big Eddy Access (Hwy. 2 Bridge) upstream to the confluence of the North and South Forks.
(3) North Fork Skykomish River (Snohomish Co.) From mouth upstream including all tributaries closed to all fishing daily 2 PM to midnight.
(4) South Fork Skykomish River (Snohomish/King Co.) From Sunset Falls upstream and all tributaries, including the Beckler, Foss, Miller and Rapid rivers and their tributaries closed to all fishing daily 2 PM to midnight.
(5) Wallace River (Snohomish Co.). From the mouth upstream including all tributaries closed to all fishing.
(6) Stillaguamish River (Skagit/Snohomish Co.) From Marine Drive upstream including the North and South Forks and all tributaries closed to all fishing.
(7) Suiattle River (Skagit Co.) Tributaries Buck, Downey and Sulpher Creeks closed to all fishing.
(8) Samish River (Skagit Co.) From I-5 to headwaters and Friday Creek from the mouth upstream closed to all fishing daily 2:00 p.m. to midnight.
REPEALER
The following section of the Washington Administrative Code is repealed:
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