WSR 18-02-005
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 17-342Filed December 20, 2017, 1:15 p.m., effective December 23, 2017, 7:00 a.m.]
Effective Date of Rule: December 23, 2017, 7:00 a.m.
Purpose: Amend recreational salmon fishing rules for Tokul Creek.
Citation of Rules Affected by this Order: Repealing WAC 220-312-04000D; and amending WAC 220-312-040.
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 emergency rule is needed to open recreational fishing in Tokul Creek early. The Tokul Creek Hatchery facility has met their egg take goals for winter steelhead providing additional fishing opportunity. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 20, 2017.
J. W. Unsworth
Director
NEW SECTION
WAC 220-312-04000D Freshwater exceptions to statewide rulesPuget Sound.
Notwithstanding the provisions of WAC 220-312-040, effective 7:00 a.m. December 23, 2017 through January 15, 2018, it is permissible to fish in those waters of Tokul Creek from the Fish Hatchery Road Bridge to the posted boundary marker downstream of the diversion dam fish ladder for trout and other gamefish. Unless otherwise amended all other permanent rules remain in effect.
REPEALER
The following section of the Washington Administrative Code is repealed effective January 16, 2018:
WAC 220-312-04000D
Freshwater exceptions to statewide rulesPuget Sound.