WSR 22-23-077
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 22-269—Filed November 10, 2022, 4:11 p.m., effective November 12, 2022]
Effective Date of Rule: November 12, 2022.
Purpose: The purpose of this emergency rule is to allow the use of bait in Cascade and Skagit river fisheries.
Citation of Rules Affected by this Order: Repealing WAC 220-312-04000V; and amending WAC 220-312-040.
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: This emergency rule is necessary to remove bait restrictions previously in place to protect Chinook salmon returning to the Skagit system. The most recent chum spawning ground and aerial Chinook spawning ground surveys indicate that Chinook spawning activities have concluded in the Skagit system with very few live Chinook observed. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 10, 2022.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-04000ZFreshwater exceptions to statewide rulesPuget Sound.
Effective immediately, through November 30, 2022, the following provisions of WAC 220-312-040 regarding fishing seasons for the Cascade River and Skagit River shall be modified in locations listed, as described herein. All other provisions of WAC 220-312-040, not addressed herein, or unless otherwise amended, remain in effect:
(1) Cascade River (Skagit County); from mouth to Rockport-Cascade Rd. Bridge:
Salmon:
(a) Open daily.
(b) Daily limit 4. Release all fish other than coho.
(c) Anti-snagging rules in effect.
(d) Night closure in effect.
(2) Skagit River (Skagit County); from the mouth (a line projected from the terminus of the jetty with McGlinn Island to the white monument on the easterly end of Ika Island, then to a white monument on the westerly end of Craft Island, then to a white monument near the corner of the levee on the westerly side of Dry Slough, and then to a white monument on the easterly side of Tom Moore Slough) to Cascade River Rd. (Marblemount Bridge):
(a) All species: Night closure in effect.
(b) Salmon: Daily limit 2. Release all salmon other than coho.
REPEALER
The following sections of Washington Administrative Code are repealed, effective November 12, 2022:
WAC 220-312-04000V
Freshwater exceptions to statewide rules—Puget Sound. (22-254)