WSR 16-23-049
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 16-305—Filed November 10, 2016, 9:28 a.m., effective November 16, 2016]
Effective Date of Rule: November 16, 2016.
Purpose: Amend recreational fishing rules for the Nisqually River.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-310-19000X; and amending WAC 220-310-190.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 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 emergency rule is needed because based on preseason forecast Washington department of fish and wildlife (WDFW) and Nisqually Indian Tribe are concerned that the winter chum return to the Nisqually River has the potential to fall short of the escapement goal. Given this information and the need to achieve our shared conservation goals both WDFW and the Nisqually Tribe are closing their fisheries. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 10, 2016.
J. W. Unsworth
Director
NEW SECTION
WAC 220-310-19000A Freshwater exceptions to statewide rulesPuget Sound.
Notwithstanding the provisions of WAC 220-310-190, effective November 16, 2016, until further notice, it is unlawful to fish in those waters of the Nisqually River from the mouth to military tank crossing bridge (located one mile upstream of mouth of Muck Creek).
REPEALER
The following section of the Washington Administrative Code is repealed effective November 16, 2016:
WAC 220-310-19000X
Freshwater exceptions to statewide rulesPuget Sound. (16-294)