WSR 20-18-065
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-169—Filed August 31, 2020, 3:34 p.m., effective August 31, 2020, 3:34 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amends freshwater fishing rules for Voight Creek.
Citation of Rules Affected by this Order: Repealing WAC 220-312-04000S; 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 closure of a portion of Voight Creek is needed to ensure orderly fisheries and protect returning adult Chinook salmon broodstock in order to meet the egg take goals at Voight Creek hatchery needed for future production. Previously, in the department's permanent rule, the lower creek below the hatchery intake had been closed; however, through the permanent sportfishing rule simplification process, this closure was accidentally removed. There have been a few anglers observed snagging fish in the area and, with the opening of the Carbon tomorrow, such activities could increase as overall fishing activity in the area increases, which would potentially jeopardize our ability to ensure egg take goals at Voight Creek hatchery are met. The department intends to address this problem through its permanent rule-making process for next year.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 31, 2020.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-04000SFreshwater exceptions to statewide rules—Puget Sound.
Notwithstanding the provisions of WAC 220-312-040, effective immediately through October 31, 2020, it is unlawful to violate the provisions below. All other provisions of WAC 220-312-040 not addressed herein, or unless otherwise amended by emergency rule remain in effect.
Voight Creek (Pierce County): From mouth to hatchery rack: Closed
REPEALER
The following section of the Washington Administrative Code is repealed November 1, 2020:
WAC 220-312-04000S | Freshwater exceptions to statewide rules—Puget Sound. |