WSR 15-15-140 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-206—Filed July 17, 2015, 3:52 p.m., effective July 18, 2015] Effective Date of Rule: July 18, 2015.
Purpose: Amend recreational fishing rules for low water and elevated water temperatures.
Citation of Existing Rules Affected by this Order: Amending WAC 220-310-190.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 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: Drought and the resulting low water flows have had detrimental impacts to these waters. Water temperatures in the rivers are exceeding the upper limit of tolerance for salmonids and native game fishes. Angling and handling of Endangered Species Act listed and/or wild salmon at these temperatures further reduces survival after release. The daily "hoot owl" closures are intended to reduce angling pressure and potential fish mortality by removing angling during periods of the day when fish are stressed from elevated temperatures. In addition, some streams are closed to angling because of record low flows due to lack of winter snowpack and rainfall. Stream flows have fallen low enough to concentrate fish into small areas of refugia where they are highly susceptible to angling, natural predation and poaching. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 17, 2015.
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-310-19000C Freshwater exceptions to statewide rules—Puget Sound.
Notwithstanding the provisions of WAC 220-310-190, effective July 18, 2015, until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:
(1) Raging River (King Co.) From the mouth upstream closed to all fishing until further notice.
(2) Skykomish River (Snohomish Co.) From mouth upstream closed to all fishing, except the section around Reiter Ponds remains open from the Gold Bar/Big Eddy Access (Hwy. 2 Bridge) upstream to the confluence of the North and South Forks until further notice.
(3) North Fork Skykomish River (Snohomish Co.) From mouth upstream including all tributaries closed to all fishing daily 2 PM to midnight until further notice.
(4) South Fork Skykomish River (Snohomish/King Co.) From Sunset Falls upstream and all tributaries, including the Beckler, Foss, Miller and Rapid rivers and their tributaries closed to all fishing daily 2 PM to midnight until further notice.
(5) Wallace River (Snohomish Co.). From the mouth upstream including all tributaries closed to all fishing until further notice.
(6) Stillaguamish River (Skagit/Snohomish Co.) From Marine Drive upstream including the North and South Forks and all tributaries closed to all fishing until further notice.
(7) South Fork Nooksack (Whatcom Co.) From the mouth to Skookum Creek, and from Wanlick Creek to headwaters including Wanlick and all tributaries closed to all fishing until further notice.
(8) Sauk River (Skagit/Snohomish Co.) From the confluence with the Suiattle River upstream including North Fork to the falls and South Fork to headwaters closed to all fishing daily 2 PM to midnight until further notice.
(9) Suiattle River (Skagit Co.) Tributaries Buck, Downey and Sulpher Creeks closed to all fishing until further notice.
(10) Samish River (Skagit Co.) From I-5 to headwaters and Friday Creek from the mouth upstream closed to all fishing daily 2 PM to midnight until further notice.
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