WSR 20-11-054
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-82—Filed May 19, 2020, 9:19 a.m., effective May 23, 2020]
Effective Date of Rule: May 23, 2020.
Purpose: This emergency rule is needed to close fishing seasons in the Nisqually River from the military tank crossing bridge to 400 feet downstream of the LaGrande Power House.
Citation of Rules Affected by this Order: Repealing WAC 220-312-04000N; and 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 [to] close recreational fishing in the upper Nisqually River. These measures are being taken to protect wild adult steelhead and juvenile salmon that remain in the river. These measures were agreed to with comanagers during the 2020 North of Falcon proceedings. This rule is entered in the permanent rule-making process. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 19, 2020.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-04000NFreshwater exceptions to statewide rules—Puget Sound.
Effective May 23 through June 30, 2020, the following provisions of WAC 220-312-040 regarding recreational fishing seasons for the Nisqually River, shall be as described below. All other provisions of WAC 220-312-040 not addressed herein, or unless otherwise amended, remain in effect:
Nisqually River (Pierce and Thurston Counties) from the military tank crossing bridge (located one mile upstream from the mouth of Muck Creek) to 400 feet downstream of the LaGrande Power House:
All species: Closed Waters.
REPEALER
The following section of the Washington Administrative Code is repealed effective July 1, 2020:
WAC 220-312-04000N | Freshwater exceptions to statewide rules—Puget Sound. |