WSR 18-17-036
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 18-192—Filed August 7, 2018, 11:50 a.m., effective August 7, 2018, 11:50 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amends recreational fishing rules for the Nisqually River.
Citation of Rules Affected by this Order: Repealing WAC 220-312-04000R and 220-312-04000S; 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 necessary to comply with fisheries agreements made with comanagers during North of Falcon proceedings. It is needed 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 7, 2018.
Joe Stohr
for Kelly Susewind
Director
NEW SECTION
WAC 220-312-04000SFreshwater exceptions to statewide rulesPuget Sound.
Notwithstanding the provisions of WAC 220-312-040, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect; effective immediately through September 30, 2018:
Nisqually River (Thurston Co.); from the mouth to military tank crossing bridge (located one mile upstream of mouth of Muck Creek): Closed waters on Sunday of each week.
REPEALER
The following section of the Washington Administrative Code is repealed effective immediately:
WAC 220-312-04000R
Freshwater exceptions to statewide rulesPuget Sound.
The following section of the Washington Administrative Code is repealed effective November 1, 2018:
WAC 220-312-04000S