WSR 19-16-065
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-171—Filed July 30, 2019, 4:35 p.m., effective August 1, 2019]
Effective Date of Rule: August 1, 2019.
Purpose: Amend recreational fishing rules for Puget Sound freshwater areas.
Citation of Rules Affected by this Order: Repealing WAC 220-312-04000L and 220-312-04000V; 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: The department is in the process of adopting permanent rules that are necessary to implement the state's share of the fishing plans agreed to with resource comanagers at the 2019 North of Falcon proceedings. These emergency rules are necessary to take advantage of the state's fishing opportunity that is imminent and will be available prior to the permanent rule, in a manner consistent with comanager agreed fisheries.
The reason[s] for the emergency rules are to meet conservation objectives and because the current 2018 permanent rule is inconsistent with the agreed 2019 North of Falcon fishery sharing package.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 30, 2019.
Amy Windrope
for Kelly Susewind
Director
NEW SECTION
WAC 220-312-04000VFreshwater exceptions to statewide rulesPuget Sound.
Notwithstanding the provisions of WAC 220-312-040, effective August 1 through August 12, 2019:
1. Big Soos Creek (King Co.): Steelhead: daily limit 2 hatchery steelhead.
2. Chambers Creek (Pierce Co.): Anti-snagging rule is not in effect.
3. Green (Duwamish) River (King County): Steelhead: In areas open for gamefish; daily limit 2 hatchery steelhead.
4. McAllister Creek (Thurston County): Salmon: Release chum, wild coho, and wild Chinook.
5. Nisqually River (Thurston County): Salmon: Release all chum and wild Chinook.
6. Nooksack River (Whatcom County): Salmon: Closed.
7. Pass Lake (Skagit County): Gamefish: Statewide minimum length/daily limit, except: Release all trout.
8. Samish River (Skagit County), from mouth to the I-5 Bridge: Salmon: Release pink salmon and wild coho.
9. Sammamish River (Slough) (King County), from the 68th Ave. NE Bridge to Lake Sammamish: It is lawful to fish from a floating device equipped with an internal combustion motor.
10. Snohomish River (Snohomish County), from the Burlington-Northern Railraod to Hwy. 9 Bridge, including all channels, sloughs, and interconnecting waterways, but excluding all tributaries: Salmon: Closed.
11. Whatcom Creek (Whatcom County), from the mouth to the markers below the footbridge below Dupont Street in Bellingham: Salmon: Daily limit 2.
REPEALER
The following sections of the Washington Administrative Code is repealed effective August 13, 2019:
WAC 220-312-04000V
Freshwater exceptions to statewide rulesPuget Sound.
WAC 220-312-04000L
Freshwater exceptions to statewide rulesPuget Sound. (19-88)
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.