WSR 15-20-023 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-361—Filed September 25, 2015, 2:51 p.m., effective September 25, 2015, 2:51 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend authorized work times for suction dredging in the gold and fish rules for mineral prospecting and placer mining.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-660-30000H; and amending WAC 220-660-300.
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: This filing restores closures on rivers in Kittitas and Yakima counties that were mistakenly removed due to administrative error. There is insufficient time to promulgate permanent rules.
A lack of snowpack from an unusually warm winter has resulted in drought conditions throughout much of Washington. A healthy snowpack slowly provides water to rivers and streams, helping to sustain fish through the drier summer months. But, with little or no snowpack, flows in many rivers have dropped significantly and water temperatures have increased – conditions that are lethal to fish. In response, the Washington department of fish and wildlife (WDFW) has placed drought-related fishing closures and restrictions on over sixty rivers and streams.
Low water and higher than normal water temperatures are limiting fish movement and making them more susceptible to diseases. In addition, stream flows have fallen low enough to concentrate fish into small areas of refugia where they are highly susceptible to additional stress from disturbance caused by suction dredging. To protect fish life, WDFW is aligning the authorized work times for suction dredging in the gold and fish rules for mineral prospecting and placer mining with drought-related fishing closures or restrictions now in effect. There is insufficient time to adopt permanent rules. As water temperatures and streamflows improve due to changing weather patterns, emergency rule changes for mineral prospecting will be modified to return to permanent rule requirements.
Per permanent rule, work in the wetted perimeter or frequent scour zone is authorized from one-half hour before sunrise to one-half hour after sunset. The daily closures from 2 p.m. to one-half hour after sunset are intended to reduce additional stress to fish from suction dredging during periods of the day when fish are stressed from elevated temperatures. In addition, some streams are closed to suction dredging because of record low flows due to lack of winter snowpack and rainfall. Stream flows have fallen low enough to concentrate fish into small areas of refugia where they are highly susceptible to additional stress from disturbance at these temperatures [which] further reduces survival.
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: September 25, 2015.
J. W. Unsworth
Director
NEW SECTION
WAC 220-660-30000I Mineral prospecting
Notwithstanding the provisions of WAC 220-660-300, effective immediately until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:
Chelan County
Wenatchee River from mouth to the Icicle River Road Bridge: Closed to suction dredging.
Icicle River from the mouth to 500 feet downstream of the Leavenworth National Fish Hatchery Barrier Dam: Closed to suction dredging.
Peshastin Creek and all tributaries: Closed daily to suction dredging from 2 PM to one-half hour after official sunset.
Grays Harbor County
Black River (Grays Harbor and Thurston Counties) from the mouth upstream to Black Lake: Closed to suction dredging.
King County
Raging River from the mouth upstream: Closed to suction dredging.
Kittitas County
Little Naches River: Closed to suction dredging.
Teanaway River, including West, Middle and North Forks: Closed to suction dredging.
Lewis County
Newaukum River and all tributaries: Closed to suction dredging.
Okanogan County
Okanogan River from the Hwy 97 Bridge immediately upstream of the mouth to Zosel Dam: Closed to suction dredging.
Similkameen River from the mouth upstream to Enloe Dam: Closed to suction dredging.
Snohomish County
Wallace River from the mouth upstream including all tributaries: Closed to suction dredging.
Stevens County
Colville River and all tributaries from mouth to headwaters: Closed daily to suction dredging from 2 PM to one-half hour after official sunset.
Thurston County
Black River (Grays Harbor and Thurston Counties) from the mouth upstream to Black Lake: Closed to suction dredging.
Whatcom County
South Fork Nooksack River from the mouth to Skookum Creek: Closed to suction dredging through September 30, 2015.
Yakima County
Ahtanum Creek, including North and Middle Forks: Closed to suction dredging.
REPEALER
The following section of the Washington Administrative Code is repealed:
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