WSR 19-13-087
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-125—Filed June 18, 2019, 11:38 a.m., effective June 18, 2019, 11:38 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend recreational fishing rules for the Green (Duwamish) River.
Citation of Rules Affected by this Order: 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 rule is needed to close the possibility of fishing activity in waters of the Green (Duwamish) River from the Tacoma Municipal Watershed Boundary Marker (one mile downstream of Tacoma Headworks Dam) to the Friday Creek confluence. Based upon consultation with Tacoma Water, this rule is needed to protect water quality in the associated municipal watershed. The department is in the process of making this rule permanent. Given the immediacy of the public welfare issue, an emergency rule with immediate effect is needed until permanent rules can be developed.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 14, 2019.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-04000RFreshwater exceptions to statewide rules—Puget Sound.
Notwithstanding the provisions of WAC 220-312-040, effective immediately until further notice:
Green (Duwamish) River (King Co.): From the Tacoma Municipal Watershed Boundary Marker (1 mile downstream of Tacoma Headworks Dam) to the Friday Creek confluence: Closed Waters.