WSR 17-18-048
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 17-221—Filed August 31, 2017, 10:12 a.m., effective September 1, 2017]
Effective Date of Rule: September 1, 2017.
Purpose: Amends rules for freshwater areas in southwest region and eastside.
Citation of Rules Affected by this Order: Repealing WAC 220-312-03000D, 220-312-05000K, 220-312-03000G and 220-312-05000T; and amending WAC 220-312-030 and 220-312-050.
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. This emergency rule is 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 4.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 31, 2017.
J. W. Unsworth
Director
NEW SECTION
WAC 220-312-03000G Freshwater exceptions to statewide rules—Southwest.
Notwithstanding the provisions of WAC 220-312-030, effective September 1 through September 7, 2017, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:
(1) Cowlitz River from boundary markers at the mouth upstream to the Lexington Drive Bridge/Sparks Road Bridge (Lewis Co.):
(a) Night closure in effect except for anglers enrolled in the Pikeminnow Sport-Reward Program and actively fishing for Pikeminnow, effective immediately through September 7, 2017.
(b) Through September 7, only 1 hatchery steelhead may be retained.
(2) Drano Lake in the waters downstream of markers on point of land downstream and across from Little White Salmon National Fish Hatchery and upstream of the Highway 14 Bridge:
(a) Night closure in effect except for anglers enrolled in the Pikeminnow Sport-Reward Program and actively fishing for Pikeminnow, effective immediately through September 7, 2017.
(b) Effective September 1 through September 7, release all steelhead.
(3) Lewis River from the mouth upstream to the mouth of the East Fork Lewis River (Clark Co.):
(a) Night closure in effect except for anglers enrolled in the Pikeminnow Sport-Reward Program and actively fishing for Pikeminnow, effective immediately through September 7, 2017.
(b) September 1 through September 7, only 1 hatchery steelhead may be retained.
(4) Wind River (Skamania Co.) from the mouth upstream to 400 feet below Shipherd Falls
(a) Night closure in effect except for anglers enrolled in the Pikeminnow Sport-Reward Program and actively fishing for pikeminnow, effective immediately through September 7, 2017.
(b) September 1 through September 7, only 1 hatchery steelhead may be retained.
NEW SECTION
WAC 220-312-05000T Freshwater exceptions to statewide rules—Eastside.
Notwithstanding the provisions of WAC 220-312-050, effective September 1 through September 7, 2017, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:
White Salmon River from the mouth upstream to the county road bridge below the former location of the powerhouse (Klickitat/Skamania Counties):
(a) Night closure in effect except for anglers enrolled in the Pikeminnow Sport-Reward Program and actively fishing for pikeminnow, effective immediately through September 7, 2017.
(b) September 1 through September 7, only 1 hatchery steelhead may be retained.
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 220-312-03000D
Freshwater exceptions to statewide rulesSouthwest (17-107)
WAC 220-312-05000K
Freshwater exceptions to statewide rulesEastside (17-107)
The following sections of the Washington Administrative Code are repealed effective September 8, 2017:
WAC 220-312-03000G
Freshwater exceptions to state rulesSouthwest.
WAC 220-312-05000T
Freshwater exceptions to statewide rulesEastside.
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.