WSR 00-03-055

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-08 -- Filed January 14, 2000, 4:35 p.m. ]

Date of Adoption: January 14, 1999 [2000].

Purpose: Personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900D and 232-28-61900E; 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: Region 4 staff has reviewed the current status of egg takes at collection traps for hatchery origin winter steelhead, and as of January 11, 2000, these problem areas were identified: Skagit/Cascade - has 90,000 eggs, an additional thirty fish on-hand, but release goal for the system is 530,000 smolts. Additional eggs needed for the Nooksack and Samish rivers. Snohomish system - Tokul Creek has approximately 250,000 eggs, but Stillaguamish needs at least 100,000 more to meet their release goal. Reiter Pond recently opened the trap for winter fish, with the smolt release goal for the system being 430,000. Green River - no adults trapped yet, and the smolt release goal for the river is 180,000. Puyallup River - few adults trapped, and smolt goal is 200,000. Deschutes - smolt goal approximately 30,000. In an attempt to meet these needs, the defined areas adjacent to hatcheries are being closed. Specific closures would be rescinded prior to February 29 if egg take needs are met. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: Immediately.

January 14, 2000

Evan Jacoby

for Jeff P. Koenings

Director


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

Notwithstanding the provisions of WAC 232-28-619, effective immediately 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 Plum Access boat launch ramp (located approximately 1/4 mile downstream of the mouth of Tokul Creek): Wild steelhead release January 16, 2000 through March 31, 2000.
From Plum Access boat launch ramp (located approximately 1/4 mile downstream of the mouth of Tokul Creek) to Snoqualmie Falls: Closed to fishing for gamefish Janaury 16, 2000 through February 29, 2000. Wild steelhead release March 1, 2000 through March 31, 2000.
Item 3: Skykomish River

(Mainstem)

From mouth to mouth of Sultan River: Wild steelhead release January 16, 2000 through February 29, 2000.
From mouth of Sultan River to 1000 feet downstream of Reiter Ponds: Wild steelhead release January 16, 2000 through March 31, 2000.
From 1000 feet downstream to 1500 feet upstream of Reiter Ponds outlet: Closed to fishing for gamefish January 16, 2000 through February 29, 2000. Wild steelhead release March 1, 2000 through March 31, 2000.
From 1500 feet upstream of Reiter Ponds outlet 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 mouth to posted cable boundary marker (approximately 700 feet upstream of the mouth). Closed to fishing for gamefish January 16, 2000 through February 29, 2000. Wild steelhead release March 1, 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: Cascade River From mouth to Rockport-Cascade Road Bridge. Closed to fishing for gamefish January 16, 2000 through February 29, 2000..
Item 16: Canyon Creek From mouth to Forks: Wild steelhead release January 16, 2000 through February 29, 2000.
Item 17: Pilchuck Creek From mouth of Highway 9 Bridge: Wild steelhead release January 16, 2000 through February 29, 2000.

[]

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

Reviser's note: The spelling 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:
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. (00-04)

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


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

Washington State Code Reviser's Office