WASHINGTON STATE REGISTER

WSR 01-05-080

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-16 -- Filed February 16, 2001, 4:34 p.m. , effective March 1, 2001, 12:01 a.m. ]

Date of Adoption: February 16, 2001.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 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 2000/2001 wild winter steelhead runs for the Skagit, Snohomish, Stillaguamish, and Puyallup River systems are forecasted to be well below escapement needs. Predicted wild steelhead run sizes for the river systems are anticipated to be between 41 and 71% of wild steelhead escapement requirements. Closures will eliminate potential hooking mortality and disturbance of spawning fish. There is insufficient time to promulgate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 10, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: March 1, 2001, 12:01 a.m.

February 16, 2001

J. P. Koenings

Director

by Larry Peck

NEW SECTION
WAC 232-28-61900R Exceptions to statewide rules -- Snohomish River, Snoqualmie River, Skykomish River (mainstem), Tokul Creek, Stillaguamish River (mainstem), North Fork Stillaguamish River, Puyallup River, Carbon River, Skagit River, Sauk River and Fisher Slough. Notwithstanding the provisions of WAC 232-28-619, effective March 1, 2001:

Snohomish River From mouth including all channels, sloughs and inter-connected waterways upstream to the U.S. Highway 2 bridge: Open March 1, 2001 through March 31, 2001, release all steelhead.

From U.S. Highway 2 bridge, including all channels, sloughs and inter-connected waterways upstream to the confluence of the Skykomish and Snoqualmie rivers, all channels: Closed to fishing March 1, 2001 through May 31, 2001.

Snoqualmie River From mouth to Snoqualmie Falls: Closed to fishing March 1, 2001 through May 31, 2001.

Skykomish River
(Mainstem)
From mouth to the forks: Closed to fishing March 1, 2001 through May 31, 2001.

Tokul Creek From mouth to posted cable boundary marker approximately 700 feet upstream of the mouth: Closed to fishing March 1, 2001 until further notice.

Stillaguamish River
(Mainstem)
All sloughs downstream of Warm Beach-Stanwood Highway: Release all steelhead March 1, 2001 through May 31, 2001.

Stillaguamish River
(North Fork)
From mouth to Swede Heaven Bridge: Closed to fishing March 1, 2001 through May 31, 2001.

Puyallup River From 11th Street Bridge upstream to Soldier's Home Bridge in Orting: Closed to fishing March 1, 2001 through May 31, 2001.

Carbon River From mouth to Highway 162 Bridge: Closed to fishing March 1, 2001 through May 31, 2001.

Skagit River From mouth to Memorial Highway Bridge, Hwy. 536 at Mt. Vernon: Closed to fishing March 1, 2001 through March 31, 2001.

From mouth to Memorial Highway Bridge, Hwy. 536 at Mt. Vernon: Release all steelhead April 1, 2001 through May 31, 2001.

From Memorial Highway Bridge, Hwy. 536 at Mt. Vernon to Gorge Powerhouse at Newhalem: Closed to fishing March 1, 2001 through May 31, 2001.

Fisher Slough: From mouth to Highway 530 Bridge: Closed to fishing March 1, 2001 through March 31, 2001.

From mouth to Highway 530 Bridge: Release all steelhead April 1, 2001 through May 31, 2001.

Sauk River From mouth to Whitechuck River: Closed to fishing March 1, 2001 through May 31, 2001.

[]

REPEALER

The following section of the Washington Administrative Code is repealed effective June 1, 2001:

WAC 232-28-61900R Exceptions to statewide rules -- Snohomish River, Snoqualmie River, Skykomish River (mainstem), Tokul Creek, Stillaguamish River (mainstem), North Fork Stillaguamish River, Puyallup River, Carbon River, Skagit River, Sauk River and Fisher Slough.

Snohomish River		From mouth including all channels, sloughs and inter-connected waterways upstream to the U.S. Highway 2 bridge: Open March 1, 2001 through March 31, 2001, release all steelhead.
		From U.S. Highway 2 bridge, including all channels, sloughs and inter-connected waterways upstream to the confluence of the Skykomish and Snoqualmie rivers, all channels: Closed to fishing March 1, 2001 through May 31, 2001.
Snoqualmie River		From mouth to Snoqualmie Falls: Closed to fishing March 1, 2001 through May 31, 2001.
Skykomish River (Mainstem)		From mouth to the forks: Closed to fishing March 1, 2001 through May 31, 2001.
Tokul Creek		From mouth to posted cable boundary marker approximately 700 feet upstream of the mouth: Closed to fishing March 1, 2001 until further notice.
Stillaguamish River (Mainstem)		All sloughs downstream of Warm Beach-Stanwood Highway: Release all steelhead March 1, 2001 through May 31, 2001.
Stillaguamish River (North Fork)		From mouth to Swede Heaven Bridge: Closed to fishing March 1, 2001 through May 31, 2001.
Puyallup River		From 11th Street Bridge upstream to Soldier's Home Bridge in Orting: Closed to fishing March 1, 2001 through May 31, 2001.
Carbon River		From mouth to Highway 162 Bridge: Closed to fishing March 1, 2001 through May 31, 2001.
Skagit River		From mouth to Memorial Highway Bridge, Hwy. 536 at Mt. Vernon: Closed to fishing March 1, 2001 through March 31, 2001.
		From mouth to Memorial Highway Bridge, Hwy. 536 at Mt. Vernon: Release all steelhead April 1, 2001 through May 31, 2001.
		From Memorial Highway Bridge, Hwy. 536 at Mt. Vernon to Gorge Powerhouse at Newhalem: Closed to fishing March 1, 2001 through May 31, 2001.
		Fisher Slough: From mouth to Highway 530 Bridge: Closed to fishing March 1, 2001 through March 31, 2001.
		From mouth to Highway 530 Bridge: Release all steelhead April 1, 2001 through May 31, 2001.
Sauk River		From mouth to Whitechuck River: Closed to fishing March 1, 2001 through May 31, 2001.

© Washington State Code Reviser's Office