WSR 16-10-055 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 16-90—Filed April 29, 2016, 4:50 p.m., effective May 1, 2016] Effective Date of Rule: May 1, 2016.
Purpose: Amend freshwater recreational fishing rules.
Citation of Existing Rules Affected by this Order: Amending WAC 220-310-180 and 220-310-190.
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 emergency rule is needed because Endangered Species Act (ESA) coverage for Chinook and steelhead impacts expires April 30, 2016. This emergency rule modifies salmon and gamefish fisheries to ensure compliance with ESA take coverage for Chinook and steelhead until a permit is approved. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 29, 2016.
J. W. Unsworth
Director
NEW SECTION
WAC 220-310-19000B Freshwater exceptions to statewide rules—Puget Sound.
Notwithstanding the provisions of WAC 220-310-180, effective May 1, 2016, until further notice all fisheries listed in this WAC are closed except for the following:
1. Sumas River (Whatcom Co.) including all tributaries.
2. Silesia Creek (Whatcom Co.).
3. Chilliwack River (Whatcom Co.) including all tributaries and their tributaries.
4. Whatcom Creek (Whatcom Co.): from stone bridge at Whatcom Falls Park to Lake Whatcom.
5. Kendall Creek (Whatcom Co.) (tributary to Nooksack River, North Fork): above hatchery grounds.
6. Canyon Creek (Whatcom Co.) (tributary to Nooksack River, North Fork) from Canyon Creek Rd. Bridge upstream and all tributaries.
7. Nooksack River, North Fork (Whatcom Co.) upstream of Nooksack Falls including all tributaries and their tributaries.
8. Nooksack River, Middle Fork (Whatcom Co.) from the diversion dam upstream, including all tributaries and their tributaries.
9. Cavanaugh Creek (Whatcom Co.) (Nooksack River, South Fork) from 0.4 miles of the mouth upstream and all tributaries.
10. Howard Creek (Whatcom Co.) (Nooksack River, South Fork) from 0.3 miles of the mouth upstream and all tributaries.
11. Plumbago Creek (Whatcom Co.) (Nooksack River, South Fork) from Sierra Pacific 140 Rd. Bridge upstream and all tributaries.
12. Roaring Creek (Whatcom Co.) (Nooksack River, South Fork) upstream of confluence with Deer Creek and all tributaries.
13. Skookum Creek (Whatcom Co.) (Nooksack River, South Fork) upstream from confluence with Arlecho Creek and all tributaries.
14. Cascade Creek (San Juan Co.).
15. Backus Creek (Skagit Co.) (tributary to Skagit River).
16. Cumberland Creek (Skagit Co.) (tributary to Skagit River) from forest service road 17 upstream and all tributaries.
17. O'Toole Creek (tributary to Skagit River) from Marietta Falls upstream.
18. Gorge and Diablo lakes tributary streams (Whatcom Co.) and their tributaries, except Stetattle Creek.
19. Ross Lake tributary streams (Whatcom Co.) and their tributaries from one mile upstream of Ross Lake to the headwaters (except Ruby and Big Beaver creeks).
20. Big Beaver Creek (Whatcom Co.) (tributary of Ross Lake) from 1/4 miles upstream of Ross Lake markers to headwaters, including tributary streams and beaver ponds.
21. Ruby Creek tributaries (Whatcom Co.) (tributary to Ross Lake) all tributaries to Ruby Creek (excluding Ruby Creek).
22. Baker River (Skagit/Whatcom Co.) from fish barrier dam to headwaters and all tributaries including the tributaries to Shannon and Baker lakes except Channel Creek.
23. Channel Creek (Whatcom Co.) (tributary to the Baker River).
24. Clear Creek (Snohomish Co.) (tributary to Sauk River) above Asbestos Creek Falls.
25. Copper Creek (Snohomish Co.) (tributary to Clear Creek/Salk River) mouth upstream.
26. Big Creek (Skagit/Snohomish Co.) (tributary to Suiattle River) above TeePee Falls.
27. Grade Creek (Skagit/Snohomish Co.) (tributary to Suiattle River).
28. Pilchuck Creek (Skagit/Snohomish Co.) from Pilchuck Falls upstream including all tributaries and their tributaries, including tributaries to Lake Cavanaugh (Skagit Co.)
29. Boulder River (Snohomish Co.) (tributary Stillaguamish River, North Fork) from Boulder Falls upstream.
30. Stillaguamish River, North Fork (Skagit/Snohomish Co.) upstream of the falls including all tributaries.
31. Black Creek (Snohomish Co.) (tributary to Stillaguamish River, South Fork) from Bear Creek confluence upstream.
32. Woods Creek, East Fork (Snohomish Co.) (tributary to Skykomish River) from Old Pipeline Rd. upstream including tributaries.
33. Youngs Creek (Snohomish Co.) (tributary to Skykomish River) from Potson Rd (299 Ave SE Bridge) upstream including tributaries.
34. Sultan River (Snohomish Co.) (tributary to Sultan River) from diversion dam to 400' below Culmback Dam.
35. Chaplain Creek (Snohomish Co.) (Tributary to Sultan River) from above waterfall to the dam at Chaplain Lake including tributaries.
36. Marsh Creek (Snohomish Co.) (tributary to Sultan River) from above falls upstream including tributaries.
37. Wallace River (Snohomish Co.) from Wallace Falls upstream including all tributaries and their tributaries.
38. Olney Creek (Snohomish Co.) (tributary to Wallace River) upstream of Olney Falls, including all tributaries.
39. Skykomish River, North Fork (Snohomish Co.) from Deer Falls (about 1/4 mile upstream of Goblin Creek) upstream including all tributaries and their tributaries.
40. Tye River (King Co.) (Skykomish River, South Fork) from Alpine Falls upstream.
41. Green Duwamish (King Co.) from Friday Creek upstream including all tributaries.
42. Clover Creek (Pierce Co.) from Steilacoom Lake upstream and all tributaries.
43. Nisqually River (Pierce Co.) from Alder Reservoir upstream including Little Nisqually, Mineral Creek, and north fork Mineral Creek and all other tributaries.
44. Deschutes River (Thurston Co.) from the Old Hwy. 99 Bridge on Capitol Blvd. in Tumwater upstream.
45. Eaton Creek (Thurston Co.) (Lake St. Clair Tributary).
46. Kennedy Creek (Mason/Thurston Co.) from falls upstream and all tributaries.
47. Beaver Ponds (Kitsap/Mason Co.) ponds on Tahuya Peninsula west of Hwy 3.
48. Beaver Ponds (Kitsap/Mason Co.) ponds on Tahuya Peninsula east of Hwy 3.
49. Skokomish River South Fork (Mason Co.) from Rule Creek upstream.
50. Le Bar Creek (Mason Co.) (tributary to the Skokomish River, South Fork), upstream of falls at river mile 1.
51. Church Creek (Mason Co.) (tributary to the Skokomish River, South Fork), upstream of bridge on USFS road #2361.
52. Lilliwaup River (Mason Co.) from falls upstream.
53. Hamma Hamma River (Mason Co.) from falls upstream.
54. Jefferson Creek (Mason Co.) (tributary to the Hamma Hamma River).
55. Washington Creek (Mason Co.) (tributary to the Hamma Hamma River).
56. Lena Creek (Mason Co.) (tributary to the Hamma Hamma River).
57. Fulton Creek (Mason Co.) upstream of falls at river mile 0.8.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040. NEW SECTION
WAC 220-310-18000S Freshwater exceptions to statewide rules—Coastal.
Notwithstanding the provisions of WAC 220-310-190, effective May 1, 2016, until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:
1. Big Quilcene River (Jefferson Co.) from mouth to upper boundary of Falls View Campground - closed
2. Rocky Brook (Jefferson Co.) (tributary to the Dosewallips River) from mouth to falls - closed.
3. Little Quilcene River (Jefferson Co.) from mouth to Little Quilcene River bridge on Penny Creek Rd. - closed.
4. Jimmycomelately Creek (Clallam Co.) from mouth to confluence with East Fork - closed.
5. Dungeness River (Clallam Co.) from mouth to Gold Creek - closed.
6. Morse Creek (Clallam Co.) from mouth to Port Angeles Dam - closed.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040. |