WSR 16-14-080
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 16-168—Filed July 1, 2016, 3:18 p.m., effective July 1, 2016, 3:18 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend Puget Sound freshwater recreational fishing rules.
Citation of Existing Rules Affected by this Order: Amending WAC 220-310-190.
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: The department is in the process of adopting permanent rules that are necessary to implement the personal use fishing plans agreed-to with resource comanagers at the North of Falcon proceedings. These emergency rules are necessary to comply with agreed-to management plans, and are interim until permanent rules take effect.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 1, 2016.
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-310-19000H Exceptions to statewide rules—Puget Sound.
Notwithstanding the provisions of WAC 220-310-190 effective July 1, 2016, until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:
(1) Big Quilcene River (Jefferson County): Closed waters from the Highway 101 Bridge to the electric weir at Quilcene National Fish Hatchery.
(2) Clear Creek (Snohomish County) (Sauk River tributary): Open above Asbestos Creek Falls.
(3) Fox Creek (Pierce County) (Puyallup River tributary): Open upstream from Fiske Road East.
(4) Kendall Creek (Whatcom County) (N.F. Nooksack tributary): Open above the hatchery grounds. Selective gear rule is rescinded.
(5) Kennedy Creek (Mason County): From the Highway 101 Bridge to 400 feet below the falls, selective gear rules apply; trout catch and release only.
(6) McAllister Creek (Thurston County): Release coho.
(7) Nisqually River (Pierce County): From the mouth to Military Tank Crossing Bridge: Release coho.
(8) Nisqually River (Pierce County): From Alder Reservoir upstream including all tributaries to mainstem and reservoir: Open: Selective gear rules apply; Trout minimum length 14 inches.
(9) Samish River (Skagit County): From the I-5 Bridge to the Old Highway 99 Bridge: Closed from the Old Highway 99 Bridge to the WDFW salmon rack; Open the first Saturday in June through August 30: Selective gear rules apply; Release all fish except mandatory hatchery steelhead retention.
(10) Samish River (Skagit County): From the WDFW hatchery rack to Hickson Bridge upstream: Open: Selective gear rules apply; Release all fish except mandatory hatchery steelhead retention.
(11) Samish River (Skagit County): From Hickson Bridge upstream: Open: Selective gear rules apply; Mandatory hatchery steelhead retention.
(12) Sauk River (Skagit/Snohomish counties): From the mouth to Darrington Bridge: Open: It is unlawful to fish from a floating device equipped with an internal combustion motor.
(13) Sauk River (Skagit/Snohomish counties): From Darrington Bridge to the mouth of the White Chuck River: Open.
(14) Sauk River (Skagit/Snohomish counties): From the Whitechuck River to the headwaters, including the North Fork from mouth to North Fork Falls and the South Fork from mouth to Elliot Creek: Open.
(15) Skagit River (Skagit County): From Gilligan Creek to The Dalles Bridge at Concrete: night closure in effect.
(16) Skokomish River (Mason County): From mouth to Bonneville Power lines (approx. 47'18.88N, 123'11.26W): Closed.
(17) Skykomish River (Snohomish County): For the entire mainstem, trout minimum length 14 inches, except anglers may retain Dolly Varden/Bull trout with a minimum length of twenty inches as part of the trout limit.
(18) Skykomish River (Snohomish County): From the mouth to the mouth of Wallace River, salmon fishing through July 31 with a 4 hatchery Chinook only limit; no more than two may be adults.