WSR 16-14-093 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-170—Filed July 5, 2016, 11:31 a.m., effective July 5, 2016, 11:31 a.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend freshwater recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-310-19500M; and amending WAC 220-310-195.
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: The Clear Lake Dam spillway has been closed to all fishing for many years to protect Endangered Species Act-listed bull trout that congregate in the pool at the base of the spillway trying to migrate upstream into Clear Lake. This closure was inadvertently omitted from the "Stream Strategy" rule changes adopted in July 2015. As currently written in the 2016-17 fishing pamphlet, anglers may interpret the rules to allow fishing in the spillway channel up to the USFS Road 740 Bridge that crosses the spillway channel, which was not the intent of the Washington department of fish and wildlife. This emergency rule is needed for clarification for angling in the spillway channel. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 5, 2016.
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-310-19500M Freshwater exceptions to statewide rules—Eastside.
Notwithstanding the provisions of WAC 220-310-195, effective immediately through August 15, 2016, the following waters are closed to fishing:
Clear Lake (Yakima Co.) Dam spillway channel from Clear Lake downstream to the confluence with the mainstem North Fork Tieton River.
REPEALER
The following section of the Washington Administrative Code is repealed effective August 16, 2016:
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