WSR 18-01-125
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 17-341—Filed December 19, 2017, 2:30 p.m., effective December 19, 2017, 2:30 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend recreational salmon fishing rules for the Nisqually River.
Citation of Rules Affected by this Order: Repealing WAC 220-312-04000A and 220-312-04000C; and amending WAC 220-312-040.
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: This emergency rule is needed to open a portion of the Nisqually River to recreational salmon fishing. Based on spawner survey information counts of spawning chum salmon have reached the goal of eighteen thousand in the Nisqually River. There is insufficient tim [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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 19, 2017.
J. W. Unsworth
Director
NEW SECTION
WAC 220-312-04000C Freshwater exceptions to statewide rulesPuget Sound.
Notwithstanding the provisions of WAC 220-312-040, effective immediately through January 31, 2018, the following rules apply. Unless otherwise amended all permanent rules remain in effect.
(1) The Nisqually River from the mouth to military tank crossing bridge (located one mile upstream of mouth of Muck Creek) Open for fishing:
(a) Limit 6 salmon; no more than 2 adults may be retained.
(b) Release gamefish and wild Chinook salmon.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 220-312-04000A
Freshwater exceptions to statewide rulesPuget Sound. (17-327)
The following section of the Washington Administrative Code is repealed effective February 1, 2018:
WAC 220-312-04000C
Freshwater exceptions to statewide rulesPuget Sound.