WSR 18-19-033
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 18-236—Filed September 13, 2018, 9:32 a.m., effective September 15, 2018]
Effective Date of Rule: September 15, 2018.
Purpose: Amend recreational fishing rules for the Samish River.
Citation of Rules Affected by this Order: Amending WAC 220-312-040.
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 the return of fall Chinook to the Samish Hatchery is currently projected to be below the number needed to meet egg take goals for 2018. Closing the fishing season in the lower Samish River will increase the number of hatchery fish available for broodstock and ensure future hatchery returns. This hatchery, due to its location, is part of the overall effort to ensure adequate prey for southern resident killer whales. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 12, 2018.
Joe Stohr
for Kelly Susewind
Director
NEW SECTION
WAC 220-312-04000UFreshwater exceptions to statewide rules—Puget Sound.
Notwithstanding the provisions of WAC 220-312-040, effective September 15, 2018, until further notice, it is unlawful to fish in the waters of the Samish River from the mouth (Bayview-Edison Road) to the I-5 Bridge. Unless otherwise amended, all other permanent rules remain in effect.