WSR 16-22-020 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 16-297—Filed October 21, 2016, 4:34 p.m., effective October 22, 2016] Effective Date of Rule: October 22, 2016.
Purpose: Amend recreational fishing rules for the Snohomish, Skykomish, and Wallace rivers.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-310-19000R and 220-310-19000V; and amending WAC 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: The rivers were originally closed to all fishing under a state and tribal comanager agreement to protect coho salmon. In September the comanagers agreed that the coho return was sufficient enough to support limited sport angling for gamefish in the Reiter Pond reach of the Skykomish River. Continued monitoring and assessment by the comanagers later determined that the coho return was robust enough to allow limited harvest opportunity for recreational fisheries in the Wallace River, Skykomish River downstream of the Wallace, and in the Snohomish. At this time hatchery and wild coho escapement goal[s] appear to have been achieved allowing comanagers for [to] further relax fishing regulations in the Snohomish, Skykomish, and Wallace river[s]. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 21, 2016.
J. W. Unsworth
Director
NEW SECTION
WAC 220-310-19000Y Freshwater exceptions to statewide rules—Puget Sound.
Notwithstanding the provisions of WAC 220-310-190, effective October 22 through November 30, 2016, it is permissible to fish for coho salmon and gamefish in the following waters. Unless otherwise amended all permanent rules remain in effect.
(1) Snohomish River (Snohomish County) from the mouth (Burlington-Northern Railroad bridges), including all channels, sloughs, and interconnected waterways, but excluding all tributaries, upstream to confluence of the Skykomish and Snoqualmie rivers.
(a) Night closure in effect. Anti-snagging rules apply.
(b) Salmon, minimum size 12 inches, daily limit 2 coho only.
(c) Dolly Varden/Bull Trout; Min. size 20". May be retained as part of the TROUT daily limit.
(d) Other TROUT, Min. size 14". Daily limit 2. Other Game, Statewide min. size/daily limit.
(e) Sturgeon, catch and release is allowed; when fishing for sturgeon, all other sturgeon rules apply.
(2) Skykomish River from mouth upstream to the confluence with the Wallace River.
(a) Night closure in effect. Anti-snagging rules apply.
(b) Salmon, minimum size 12 inches, daily limit 2 coho only.
(c) Dolly Varden/Bull Trout; Min. size 20". May be retained as part of the TROUT daily limit.
(d) Other TROUT, Min. size 14". Daily limit 2. Other Game, Statewide min. size/daily limit.
(e) Effective November 1 through November 30, 2016, fishing from any floating device prohibited from boat ramp below Lewis St. Bridge at Monroe to 2,500' downstream and from 1000 feet downstream of Reiter.
(3) Wallace River from mouth (farthest downstream railroad bridge) to 200 feet upstream of the hatchery water intake.
(a) Night closure in effect. Anti-snagging rules apply.
(b) Salmon, minimum size 12 inches, daily limit 2 coho only.
(c) Dolly Varden/Bull Trout; Min. size 20". May be retained as part of the TROUT daily limit.
(d) Other TROUT, Min. size 14". Daily limit 2. Other Game, Statewide min. size/daily limit.
(e) Effective November 1 through November 30, 2016, fishing from any floating device prohibited.
REPEALER
The following sections of the Washington Administrative Code are repealed effective October 22, 2016:
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