WSR 00-03-041

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-04 -- Filed January 13, 2000, 2:32 p.m. , effective January 16, 2000, 12:01 a.m. ]

Date of Adoption: January 12, 2000.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900D; and amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 77.12.040.

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: The harvestable number of wild-run steelhead (838 for Snohomish River system; 232 for Stillaguamish River system) is expected to be taken in the tribal and recreational fisheries by January 15, 2000, based on anticipated exploitation rates. This rule requires the release of wild steelhead after January 15, 2000. There is insufficient time to promulgate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: January 16, 2000, 12:01 a.m.

January 12, 2000

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900D
Exceptions to statewide rules -- Snohomish River, Snoqualmie River, Skykomish River, Wallace River, Sultan River, Pilchuck River, Tolt River, Raging River, Tokul Creek, Stillaguamish River, Canyon Creek, and Pilchuck Creek.

Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. January 16, 2000, the following regulations apply:


Item 1: Snohomish River From mouth (Burlington Northern Railroad bridges (including all channels, sloughs and inter-connected waterways) upstream to the confluence of the Skykomish and Snoqualmie rivers (all channels): Wild steelhead release January 16, 2000 through March 31, 2000.
Item 2: Snoqualmie River From mouth to falls: Wild steelhead release January 16, 2000 through March 31, 2000.
Item 3: Skykomish River

(Mainstem)

From its mouth to mouth of Sultan River: Wild steelhead release January 16, 2000 through February 29, 2000.
From the mouth of the Sultan River to the forks: Wild steelhead release January 16, 2000 through March 31, 2000.
Item 4: Skykomish River

(North Fork)

From its mouth to 1000' downstream from Bear Creek Falls: Wild steelhead release January 16, 2000 through February 29, 2000.
Item 5: Skykomish River

(South Fork)

From its mouth to 600' downstream from the Sunset Falls Fishway: Wild steelhead release January 16, 2000 through February 29, 2000.
Item 6: Wallace River From the mouth to mouth of Olney Creek: Wild steelhead release January 16, 2000 through February 29, 2000.
Item 7: Sultan River From its mouth to a point 400' downstream from the diversion dam at river mile 9.7: Wild steelhead release January 16, 2000 through February 29, 2000.
Item 8: Pilchuck River From its mouth to 500' downstream from the Snohomish City diversion dam: Wild steelhead release January 16, 2000 through February 29, 2000.
Item 9: Tolt River From its mouth to the USFS trolley cable near the confluence of the North and South Forks: Wild steelhead release January 16, 2000 through February 29, 2000.
Item 10: Raging River From its mouth to the Highway 18 Bridge (three miles upstream from Preston): Wild steelhead release January 16, 2000 through February 29, 2000.
Item 11: Tokul Creek From its mouth to the posted cable boundary marker located approximately 700' upstream from the mouth: Wild steelhead release January 16, 2000 through March 31, 2000.
Item 12: Stillaguamish River All sloughs downstream of Warm Beach-Stanwood Highway: Wild steelhead release January 16, 2000 through February 29, 2000.
From Warm Beach-Stanwood Highway upstream to forks: Wild steelhead release January 16, 2000 through February 29, 2000.
Item 13: Stillaguamish River

(North Fork)

From mouth to Swede Heaven Bridge: Wild steelhead release January 16, 2000 through February 29, 2000.
Item 14: Stillaguamish River

(South Fork)

From mouth to Mt. Loop Highway Bridge (above Granite Falls): Wild steelhead release January 16, 2000 through February 29, 2000.
Item 15: Canyon Creek From mouth to Forks: Wild steelhead release January 16, 2000 through February 29, 2000.
Item 16: Pilchuck Creek From mouth of Highway 9 Bridge: Wild steelhead release January 16, 2000 through February 29, 2000.

[]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. April 1, 2000:


WAC 232-28-61900D Exceptions to statewide rules--Snohomish River, Snoqualmie River, Skykomish River, Wallace River, Sultan River, Pilchuck River, Tolt River, Raging River, Tokul Creek, Stillaguamish River, Canyon Creek, and Pilchuck Creek.

Washington State Code Reviser's Office