WSR 26-09-056

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 26-50—Filed April 10, 2026, 10:22 a.m., effective April 10, 2026, 10:22 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: This emergency rule is necessary to address the imminent risk of introduction and spread of golden mussels (Limnoperna fortunei), a highly invasive aquatic species.

Citation of Rules Affected by this Order: Amending WAC 220-640-030.

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 necessary to address the imminent risk of introduction and spread of golden mussels (Limnoperna fortunei), a highly invasive aquatic species recently detected in the western United States, including California. A fouled watercraft intercepted on Interstate 5 in Oregon demonstrates an active and credible pathway for overland transport into the Pacific Northwest. Golden mussels are easily transported via watercraft and associated equipment, establish rapidly, and cause significant ecological, infrastructure, and economic harm. Immediate classification as a prohibited level 1 species is required to prevent possession, transport, and introduction pathways while the state of Washington completes permanent rule making. There is insufficient time to adopt permanent rules due to the urgent need to reduce introduction risk during ongoing peak watercraft movement periods and interstate exposure.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 10, 2026.

Kelly Susewind

Director