WSR 20-11-047
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-81—Filed May 18, 2020, 1:40 p.m., effective June 1, 2020]
Effective Date of Rule: June 1, 2020.
Purpose: This emergency rule is needed to close fishing three days per week for a portion of the Cascade River in order to avoid gear conflicts between tribal and recreational fishers.
Citation of Rules Affected by this Order: Repealing WAC 220-312-04000M; 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 close fishing on a portion of the Cascade River on days of the week that tribal fishing gear is scheduled to be deployed in the river. These closures have been agreed to with comanagers during the 2020 North of Falcon proceedings and are necessary to avoid gear conflicts between tribal and recreational fishers. There is insufficient 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 18, 2020.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-04000MFreshwater exceptions to statewide rulesPuget Sound.
Effective June 1 through July 15, 2020, the following provisions of WAC 220-312-040 regarding fishing seasons for all species on the Cascade River, shall be as described below. All other provisions of WAC 220-312-040 not addressed herein, or unless otherwise amended, remain in effect:
Cascade River (Skagit Co.) from the mouth to Rockport-Cascade Rd. Bridge:
Closed to all recreational fishing on Mondays, Tuesdays, and Wednesdays of each week.
REPEALER
The following section of the Washington Administrative Code is repealed effective July 16, 2020:
WAC 220-312-04000M
Freshwater exceptions to statewide rulesPuget Sound.