WSR 14-07-010
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 14-36—Filed March 6, 2014, 3:20 p.m., effective March 7, 2014]
Effective Date of Rule: March 7, 2014.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900B; and amending WAC 220-310-185.
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: The preseason forecast is for a return of one thousand one hundred adult spring chinook salmon to the Lewis River in 2014. The closure is necessary to provide enough fish to meet the hatchery escapement goal of approximately one thousand three hundred fifty fish. Recent changes to rules repealed WAC 232-28-619 and split the rule into new WAC sections. Changes to WAC 232-28-619 were needed because the rule was too long, not clearly written or structured. The public will be able to locate and understand requirements more easily because the requirements will be better organized and clearly structured. This emergency rule is to ensure previously adopted emergency rules provisions remain effective. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 6, 2014.
Philip Anderson
Director
NEW SECTION
WAC 220-310-18500B Freshwater exceptions to statewide rules—Lewis River.
Notwithstanding the provisions of WAC 220-310-185, effective immediately until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:
(1) Chinook salmon must be released in waters of the Lewis River from the mouth to the mouth of East Fork.
(2) Chinook salmon must be released in waters of the North Fork Lewis River from the mouth of East Fork to the overhead powerlines below Merwin Dam.
(3) Through May 31, 2014, fishing is closed to all angling on the North Fork Lewis River from Johnson Creek (located downstream from the Lewis River Salmon Hatchery) upstream to Merwin Dam.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900B
Exceptions statewide rules—Lewis River. (14-16)
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.