WSR 15-21-084
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 15-392—Filed October 20, 2015, 3:11 p.m., effective October 20, 2015, 3:11 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: To repeal the remaining drought-related amendments to the 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 220-660-30000K.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.12.045, 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: This filing removes closures on the following rivers due to improved conditions:
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Little Naches River.
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Teanaway River, including the west, middle and north forks.
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Ahtanum Creek, including the north fork and middle fork.
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Wenatchee River from mouth to the Icicle River Road Bridge.
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Icicle River from the mouth to 500 feet downstream of the Leavenworth National Fish Hatchery Barrier Dam.
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Okanogan River from the Hwy 97 Bridge immediately upstream of the mouth to Zosel Dam.
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Similkameen River from the mouth upstream to Enloe Dam.
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Newaukum River and all tributaries.
Cooler weather has reduced water temperatures. Flows have remained above criteria for protection of fish. There is insufficient time to promulgate permanent rules.
A lack of snowpack from an unusually warm winter 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 dropped significantly and water temperatures had increased - conditions that were lethal to fish. In response, the Washington department of fish and wildlife initially placed drought-related fishing closures and restrictions on nearly sixty rivers and streams. This filing removes the remaining closures.
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 0, 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: October 20, 2015.
Kelly Cunningham
for J. W. Unsworth
Director
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 220-660-30000K
Mineral prospecting. (15-381)