[Order 23-152—Filed August 10, 2023, 1:00 p.m., effective August 10, 2023, 1:00 p.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: The purpose of this emergency rule is to open salmon seasons in the Snohomish River.

Citation of Rules Affected by this Order: Repealing WAC 220-312-04000P; 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 rule is necessary to open salmon seasons in the Snohomish River.

Preseason forecast of pink and coho salmon returns are sufficient to open the lower portion of the river two weeks early. In addition, there are sufficient Chinook impacts remaining in the season to allow this earlier opening targeting coho and pink salmon.

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 10, 2023.

WAC 220-312-04000QFreshwater exceptions to statewide rules—Puget Sound.

Effective immediately, until further notice, provisions of WAC 220-312-040 regarding recreational fishing seasons for the Snohomish River system shall be modified as described below. All other provisions of WAC 220-312-040 not addressed herein, or unless otherwise amended by emergency rule remain in effect:

(1) Effective immediately, until further notice, the following waters are closed to fishing for or possessing food fish or game fish:

(a) Cherry Creek, from mouth upstream

(b) Raging River, from mouth upstream

(d) Skykomish River, North Fork, from mouth upstream

(e) Skykomish River, South Fork, from mouth upstream

(f) Snoqualmie River, from mouth to Snoqualmie Falls

(g) Sultan River, from mouth upstream

(h) Tolt River, from mouth to confluence of North and South forks

(i) Wallace River, from mouth to 200' upstream of water intake of salmon hatchery

(2) Snohomish River:

(a) From the mouth to the railroad (RR) bridge immediately upstream of WDFW's Lincoln Ave Snohomish Boat Launch:

(i) Effective immediately through August 31, 2023: Closed to fishing for food fish or game fish.

(ii) Effective September 1 through October 15: Salmon: Daily limit 4 including no more than 2 coho. Release Chinook and chum. Bait is allowed, except use of fish eggs is prohibited. Single point barbless hooks required.

(b) From the RR bridge immediately upstream of WDFW's Lincoln Ave Snohomish Boat Launch to the confluence of Skykomish and Snoqualmie rivers:

(i) Effective immediately through September 15, 2023: Closed to fishing for food fish or game fish.

(ii) Effective September 16 through October 15, 2023: Salmon: Daily limit 4 including no more than 2 coho. Release Chinook and chum. Bait is allowed, except use of fish eggs is prohibited. Single point barbless hooks required.

The following section of Washington Administrative Code is repealed, effective immediately:

Freshwater exceptions to statewide rules—Puget Sound. (23-148)