WSR 15-18-058
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 15-284—Filed August 27, 2015, 12:10 p.m., effective August 27, 2015, 12:10 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend work times in the aquatic plants and fish pamphlet for all aquatic plant removal activities except hand pulling.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-660-29000A; and amending WAC 220-660-290.
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: A lack of snowpack from an unusually warm winter has resulted in drought conditions throughout much of Washington. A healthy snowpack slowly provides water to rivers and streams, helping to sustain fish through the drier summer months. But, with little or no snowpack, flows in many rivers have dropped significantly and water temperatures have increased – conditions that are lethal to fish. In response, Washington department of fish and wildlife (WDFW) has placed drought-related fishing closures and restrictions on nearly sixty rivers and streams.
Low water and higher than normal water temperatures are limiting fish movement and making them more susceptible to diseases. In addition, stream flows have fallen low enough to concentrate fish into small areas of refugia where they are highly susceptible to additional stress from disturbance caused by aquatic plant removal. To protect fish life, WDFW is aligning the work times for all aquatic plant removal activities except hand pulling with the drought-related fishing closures or restrictions now in effect. There is insufficient time to adopt permanent rules.
The daily closures are intended to reduce additional stress to fish from aquatic plant removal activities during periods of the day when fish are stressed from elevated temperatures. In addition, some streams are closed to aquatic plant removal activities except hand pulling because of record low flows due to lack of winter snowpack and rainfall. Stream flows have fallen low enough to concentrate fish into small areas of refugia where they are highly susceptible to additional stress from disturbance at these temperatures [which] further reduces survival.
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 27, 2015.
J. W. Unsworth
Director
NEW SECTION
WAC 220-660-29000B Aquatic plant removal and control
Notwithstanding the provisions of WAC 220-660-290, effective immediately until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:
Asotin County
Asotin Creek and tributaries from mouth to headwaters: Closed to all aquatic plant removal activities except hand pulling.
Chelan County
Wenatchee River from mouth to the Icicle River Road Bridge: Closed to all aquatic plant removal activities except hand pulling.
Icicle River from the mouth to 500 feet downstream of the Leavenworth National Fish Hatchery Barrier Dam: Closed to all aquatic plant removal activities except hand pulling.
Peshastin Creek and all tributaries: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.
Clallam County
Quillayute River from the confluence of the Sol Duc and Bogachiel Rivers downstream 475 yards: Closed to all aquatic plant removal activities except hand pulling.
Sol Duc River including all tributaries: Closed to all aquatic plant removal activities except hand pulling.
Bogachiel River including all tributaries: Closed to all aquatic plant removal activities except hand pulling.
Calawah River including all tributaries: Closed to all aquatic plant removal activities except hand pulling.
Dickey River including all tributaries: Closed to all aquatic plant removal activities except hand pulling.
Clark County
East Fork Lewis River from mouth upstream to top boat ramp at Lewisville Park: Closed to all aquatic plant removal activities except hand pulling.
East Fork Lewis River from top boat ramp at Lewisville Park upstream to 400 feet below Horseshoe Falls: Closed daily to all aquatic plant removal activities from 2 PM to one hour before official sunrise except hand pulling.
Washougal River from mouth upstream to Mt. Norway Bridge: Closed to all aquatic plant removal activities except hand pulling.
Washougal River from Mt. Norway Bridge upstream to the Salmon Falls Bridge: Closed daily to all aquatic plant removal activities from 2 PM to one hour before official sunrise except hand pulling.
Columbia County
Tucannon River (Columbia/Garfield Co.) From Highway 12 Bridge to Cow Camp Bridge: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.
Touchet River (Columbia/Walla Walla Co.) from mouth to the confluence of the North and South forks: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.
(1) North Fork Touchet River from mouth to Spangler Creek: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.
(2) North Fork Touchet River upstream from the confluence of Spangler Creek: Closed to all aquatic plant removal activities except hand pulling.
(3) South Fork Touchet River from mouth to Griffen Fork and above Griffen Fork: Closed to all aquatic plant removal activities except hand pulling.
(4) Wolf Fork Touchet River from mouth to Coates Creek and Robinson Fork: Closed to all aquatic plant removal activities except hand pulling.
Ferry County
Kettle River and all tributaries from Barstow Bridge to headwaters, all portions contained within the United States: Closed to all aquatic plant removal activities except hand pulling.
Garfield County
Tucannon River (Columbia/Garfield Co.) From Highway 12 Bridge to Cow Camp Bridge: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.
Grays Harbor County
Black River (Grays Harbor and Thurston Counties) from the mouth upstream to Black Lake: Closed to all aquatic plant removal activities except hand pulling.
Jefferson County
Clearwater River and its tributaries: Closed to all aquatic plant removal activities except hand pulling.
Queets River and its tributaries including Matheny Creek and the Salmon River outside Olympic National Park and the Quinault Reservation: Closed to all aquatic plant removal activities except hand pulling.
Big Quilcene mainstem: Closed to all aquatic plant removal activities except hand pulling.
King County
Raging River from the mouth upstream: Closed to all aquatic plant removal activities except hand pulling.
Snoqualmie River from the mouth upstream to Snoqualmie Falls: Effective September 1, 2015, closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.
South Fork Skykomish River (Snohomish/King Co.) from Sunset Falls upstream and all tributaries, including the Beckler, Foss, Miller and Rapid Rivers and their tributaries: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.
Kittitas County
Little Naches River: Closed to all aquatic plant removal activities except hand pulling.
Teanaway River, including West, Middle and North Forks: Closed to all aquatic plant removal activities except hand pulling.
Swauk Creek and all tributaries except Williams Creek: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling. Williams Creek is closed to all aquatic plant removal activities except hand pulling.
Lewis County
Newaukum River and all tributaries: Closed to all aquatic plant removal activities except hand pulling.
Lincoln County
Spokane River (Spokane/Lincoln Co.) from upstream Boundary at Plese Flats Day Use Area to Idaho State Boundary: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.
Okanogan County
Methow River from County Road 1535 Bridge (lower Burma Rd.) upstream to Weeman Bridge (8 miles upstream of Winthrop): Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.
Okanogan River from the Hwy 97 Bridge immediately upstream of the mouth to Zosel Dam: Closed to all aquatic plant removal activities except hand pulling.
Similkameen River from the mouth upstream to Enloe Dam: Closed to all aquatic plant removal activities except hand pulling.
Pend Oreille County
Sullivan Creek and all tributaries from mouth to headwaters: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.
Spokane River tributaries, including Little Spokane River and tributaries (Spokane/Pend Oreille/Stevens Co.) from State Route 25 Bridge upstream to Monroe Street Dam: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.
Skagit County
Sauk River (Skagit/Snohomish Co.) From the confluence with the Suiattle River upstream including North Fork from mouth to North Fork Falls and South Fork from mouth to Elliot Creek:: Closed to all aquatic plant removal activities except hand pulling.
Suiattle River Tributaries Buck, Downey and Sulpher Creeks: Closed to all aquatic plant removal activities except hand pulling.
Samish River from I-5 to headwaters and Friday Creek from the mouth upstream: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.
Stillaguamish River (Skagit/Snohomish Co.) from Marine Drive upstream including the North and South Forks and all tributaries: Closed to all aquatic plant removal activities except hand pulling.
Snohomish County
Skykomish River from mouth upstream: Closed to aquatic plant removal activities except hand pulling with exception of the section around Reiter Ponds remains open from the Gold Bar/Big Eddy Access (Hwy. 2 Bridge) upstream to the confluence of the North and South Forks.
North Fork Skykomish River from mouth upstream including all tributaries: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.
South Fork Skykomish River (Snohomish/King Co.) from Sunset Falls upstream and all tributaries, including the Beckler, Foss, Miller and Rapid Rivers and their tributaries: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.
Wallace River from the mouth upstream including all tributaries: Closed to all aquatic plant removal activities except hand pulling.
Stillaguamish River (Skagit/Snohomish Co.) from Marine Drive upstream including the North and South Forks and all tributaries: Closed to all aquatic plant removal activities except hand pulling.
Sauk River (Skagit/Snohomish Co.) From the confluence with the Suiattle River upstream including North Fork from mouth to North Fork Falls and South Fork from mouth to Elliot Creek: Closed to all aquatic plant removal activities except hand pulling.
Spokane County
Spokane River (Spokane/Lincoln Co.) from upstream Boundary at Plese Flats Day Use Area to Idaho State Boundary: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.
Spokane River tributaries, including Little Spokane River and tributaries (Spokane/Pend Oreille/Stevens Co.) from State Route 25 Bridge upstream to Monroe Street Dam: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.
Stevens County
Spokane River tributaries, including Little Spokane River and tributaries (Spokane/Pend Oreille/Stevens Co.) from State Route 25 Bridge upstream to Monroe Street Dam: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.
Colville River and all tributaries from mouth to headwaters: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.
Thurston County
Black River (Grays Harbor and Thurston Counties) from the mouth upstream to Black Lake: Closed to all aquatic plant removal activities except hand pulling.
Nisqually River (Thurston Co.) from the mouth to the military tank crossing bridge: Closed daily to all aquatic plant removal activities from 2 PM to one hour before official sunrise except hand pulling.
Walla Walla County
Walla Walla River from McDonald Road Bridge to Oregon State Boundary: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.
Mill Creek from Bennington Dam to State Line: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.
Whatcom County
Nooksack River from Slater Road to the forks: Closed to all aquatic plant removal activities except hand pulling.
Middle Fork Nooksack River from the mouth to the City of Bellingham Diversion Dam and all tributaries: Closed to all aquatic plant removal activities except hand pulling.
North Fork Nooksack River from the mouth to Nooksack Falls and all tributaries: Closed to all aquatic plant removal activities except hand pulling.
South Fork Nooksack River from the mouth to Skookum Creek and from Wanlick Creek to headwaters including Wanlick and all tributaries: Closed to all aquatic plant removal activities except hand pulling.
Yakima County
Ahtanum Creek, including North and Middle Forks: Closed to all aquatic plant removal activities except hand pulling.
American River: Closed to all aquatic plant removal activities except hand pulling.
Yakima River from Interstate 82 Bridge at Union Gap to South Cle Elum Bridge: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.
Naches River from Tieton River to Bumping River/Little Naches River: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.
Rattlesnake Creek (mainstem): Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.
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:
WAC 220-660-29000A
Aquatic plant removal and control. (15-261)