WSR 14-16-081 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 14-197—Filed August 1, 2014, 2:11 p.m., effective August 2, 2014] Effective Date of Rule: August 2, 2014.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-310-19500Y; and amending WAC 220-310-195.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 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: Salmon Creek has been designated as a recovery stream for Endangered Species Act listed steelhead. Sufficient water has been procured for Salmon Creek to attract spawning steelhead adults. Nonnative species such as smallmouth bass and eastern brook trout, along with residual juvenile hatchery steelhead, have increased competition and predation, making recovery efforts more difficult. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 1, 2014.
Nate Pamplin
for Philip Anderson
Director
NEW SECTION
WAC 220-310-19500Y Exceptions to statewide rules—Salmon Creek (Okanogan Co.)
Notwithstanding the provisions of WAC 220-310-195, effective August 2 through October 31, 2014, it is permissible to fish in waters of Salmon Creek from the Okanogan Irrigation District diversion (7.2 km upstream of the mouth) to Conconully Reservoir Dam with the following restrictions:
(1) Smallmouth bass and eastern brook trout - no minimum size, daily limit 10 each.
(2) Adipose-clipped rainbow trout - minimum size 10 inches, daily limit 10.
(3) Selective gear rules are in effect.
(4) All other trout and salmon must be released.
REPEALER
The following section of the Washington Administrative Code is repealed effective November 1, 2014:
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