WSR 19-11-003
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-94—Filed May 1, 2019, 4:22 p.m., effective May 15, 2019]
Effective Date of Rule: May 15, 2019.
Purpose: Amends recreational fishing rules for the Icicle River.
Citation of Rules Affected by this Order: Repealing WAC 220-312-05000F; and amending WAC 220-312-050.
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 number of spring Chinook returning to the Icicle River is not expected to meet broodstock needs (one thousand spawners) at the Leavenworth National Fish Hatchery. To avoid a potential broodstock shortage and/or reduced hatchery release in 2020 it is necessary to close the fishery at this time. The Washington department of fish and wildlife will monitor spring Chinook salmon returns to the Icicle River and if numbers improve and broodstock collection goals are met, a season will be opened. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 1, 2019.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-05000FFreshwater exceptions to statewide rules—Eastside.
Notwithstanding the provisions of WAC 220-312-050, effective May 15 through July 31, 2019, it is unlawful to fish for or possess salmon in the following waters:
(1) Icicle River - from the closure signs located 800 feet upstream of the mouth to 500 feet downstream of the Leavenworth National Fish Hatchery Barrier Dam.
(2) Icicle River - from the shoreline markers where Cyo Road intersects the Icicle River at the Sleeping Lady Resort to the Icicle Peshastin Irrigation Footbridge (approximately 750 feet upstream of the Snow Lakes trailhead parking area).
REPEALER
The following section of the Washington Administrative Code is repealed effective August 1, 2019:
WAC 220-312-05000F
Freshwater exceptions to statewide rules—Eastside.