WSR 18-16-045
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 18-173—Filed July 25, 2018, 2:17 p.m., effective August 1, 2018]
Effective Date of Rule: August 1, 2018.
Purpose: Amends recreational coastal freshwater rules.
Citation of Rules Affected by this Order: Repealing WAC 220-312-02000E; and amending WAC 220-312-020.
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: The department is in the process of adopting permanent rules that are necessary to implement the personal use fishing plans agreed-to with resource comanagers at the North of Falcon proceedings. These emergency rules are necessary to comply with agreed-to management plans, and are interim until permanent rules take effect.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 25, 2018.
James B. Scott, Jr.
for Joe Stohr
Director
NEW SECTION
WAC 220-312-02000EFreshwater exceptions to statewide rulesCoast.
Notwithstanding the provisions of WAC 220-312-020, effective August 1, 2018 until further notice, it is unlawful to violate the provisions below. Unless otherwise amended, all permanent rules remain in effect:
(1) Naselle River – Open for salmon August 1 until further notice from Hwy 101 Bridge to the South Fork. Min. size 12". Daily limit 6. Up to four adults may be retained, of which only one may be a wild, adult coho. Release wild Chinook. Anglers may fish with two poles provided they possess a valid two-pole endorsement. Night closure, anti-snagging rule, and barbless hooks required.
(2) Naselle River – Open for salmon August 1 until further notice from the confluence of the South Fork to the Hwy 4 Bridge. Min. size 12". Daily limit 6. Up to two adults may be retained, of which only one may be a wild, adult coho. Release wild Chinook. Night closure, anti-snagging rule, barbless hooks required, and stationary gear restriction.
(3) Nemah River, North – Open for salmon August 1 until further notice from Hwy 101 Bridge upstream to the bridge on Nemah Valley Road. Min. size 12". Daily limit 6. Up to four adults may be retained, of which only one may be a wild, adult coho. Release wild Chinook.
(4) Nemah River, North – Open for salmon August 1 until further notice from Hancock property line upstream to the temporary weir (approximately 210 feet above the Nemah Hatchery Bridge). Min. size 12". Daily limit 6. Up to four adults may be retained, of which only one may be a wild, adult coho. Release wild Chinook. Effective August 16, 2018: Night closure and anti-snagging rules in effect. Open only for salmon for anglers that possess a senior's license.
(5) Nemah River, North – from the temporary weir (approximately 210 feet above the Nemah Hatchery Bridge) upstream to the Nemah Hatchery Dam: Closed Waters.
(6) Niawiakum River – from Hwy 101 Bridge to the South Bend/Palix Road Bridge: Closed to salmon fishing.
(7) Palix River, including all forks – from Hwy 101 Bridge to the mouth of the Middle Fork: Closed to salmon fishing.
(8) Willapa River – Open for salmon August 1 until further notice from the mouth (City of South Bend boat launch) to Hwy 6 Bridge (approximately 2 miles below mouth of Trap Creek). Min. size 12". Daily limit 6. Up to four adults may be retained, of which only one may be a wild, adult coho. Release wild Chinook.
(9) Willapa River, South Fork – Open for salmon August 1 until further notice from mouth to bridge on Pehl Road. Min. size 12". Daily limit 6. Up to three adults may be retained, of which only one may be a wild, adult coho. Release wild Chinook.
[REPEALER]
The following section of the Washington Administrative Code is repealed effective August 16, 2018:
WAC 220-312-02000E
Freshwater exceptions to statewide rulesCoast.
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.