15-19-077

WSR 15-19-077

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 15-335-Filed September 14, 2015, 4:32 p.m., effective September 14, 2015, 4:32 p.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: Amend work times in the aquatic plants and fish pamphlet for all aquatic plant removal activities except hand pulling.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-660-29000D; and amending WAC 220-660-290.

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: A lack of snowpack from an unusually warm winter has resulted in drought conditions throughout much of Washington. A healthy snowpack slowly provides water to rivers and streams, helping to sustain fish through the drier summer months. But, with little or no snowpack, flows in many rivers dropped significantly and water temperatures increased - conditions that are lethal to fish. In response, Washington department of fish and wildlife (WDFW) placed drought-related fishing closures and restrictions on nearly sixty rivers and streams.

Low water and higher than normal water temperatures limited fish movement and made them more susceptible to diseases. In addition, stream flows fell low enough to concentrate fish into small areas of refugia where they were highly susceptible to additional stress from disturbance caused by aquatic plant removal. To protect fish life, WDFW aligned the work times for all aquatic plant removal activities except hand pulling with the drought-related fishing closures or restrictions now in effect. There was insufficient time to adopt permanent rules. Water temperatures and streamflows have improved due to changing weather patterns, so emergency rule changes for aquatic plant removal activities in some streams are being modified to return to permanent rule requirements.

The daily closures are intended to reduce additional stress to fish from aquatic plant removal activities during periods of the day when fish are stressed from elevated temperatures. In addition, some streams are closed to aquatic plant removal activities except hand pulling 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 additional stress from disturbance at these temperatures [which] further reduces survival.

Many of the restrictions placed on various streams under previous emergency rules are repealed in this emergency rule. Lower air temperatures and recent rainfall have resulted in stream flows and water temperatures similar to average fall conditions. Those conditions are not expected to change considerably for the remaining times aquatic plant removal activity is authorized under the 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: September 14, 2015.

J. W. Unsworth

Director

NEW SECTION

WAC 220-660-29000E Aquatic plant removal and control

Notwithstanding the provisions of WAC 220-660-290, effective immediately until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:

Asotin County

Asotin Creek and tributaries from mouth to headwaters: Closed to all aquatic plant removal activities except hand pulling.

Chelan County

Wenatchee River from mouth to the Icicle River Road Bridge: Closed to all aquatic plant removal activities except hand pulling.

Icicle River from the mouth to 500 feet downstream of the Leavenworth National Fish Hatchery Barrier Dam: Closed to all aquatic plant removal activities except hand pulling.

Peshastin Creek and all tributaries: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.

Columbia County

Tucannon River (Columbia/Garfield Co.) From Highway 12 Bridge to Cow Camp Bridge: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.

Touchet River (Columbia/Walla Walla Co.) from mouth to the confluence of the North and South forks: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.

(1) North Fork Touchet River from mouth to Spangler Creek: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.

(2) North Fork Touchet River upstream from the confluence of Spangler Creek: Closed to all aquatic plant removal activities except hand pulling.

(3) South Fork Touchet River from mouth to Griffen Fork and above Griffen Fork: Closed to all aquatic plant removal activities except hand pulling.

(4) Wolf Fork Touchet River from mouth to Coates Creek and Robinson Fork: Closed to all aquatic plant removal activities except hand pulling.

Ferry County

Kettle River and all tributaries from Barstow Bridge to headwaters, all portions contained within the United States: Closed to all aquatic plant removal activities except hand pulling.

Garfield County

Tucannon River (Columbia/Garfield Co.) From Highway 12 Bridge to Cow Camp Bridge: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.  

Grays Harbor County

Black River (Grays Harbor and Thurston Counties) from the mouth upstream to Black Lake: Closed to all aquatic plant removal activities except hand pulling.

Jefferson County

Queets River and its tributaries including Matheny Creek and the Salmon River outside Olympic National Park and the Quinault Reservation: Closed to all aquatic plant removal activities except hand pulling.

King County

Raging River from the mouth upstream: Closed to all aquatic plant removal activities except hand pulling.  

Kittitas County

Little Naches River: Closed to all aquatic plant removal activities except hand pulling.

Teanaway River, including West, Middle and North Forks: Closed to all aquatic plant removal activities except hand pulling.

Swauk Creek and all tributaries except Williams Creek: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling. Williams Creek is closed to all aquatic plant removal activities except hand pulling.

Lewis County

Newaukum River and all tributaries: Closed to all aquatic plant removal activities except hand pulling.

Lincoln County

Spokane River (Spokane/Lincoln Co.) from upstream Boundary at Plese Flats Day Use Area to Idaho State Boundary: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.

Okanogan County

Methow River from County Road 1535 Bridge (lower Burma Rd.) upstream to Weeman Bridge (8 miles upstream of Winthrop): Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.

Okanogan River from the Hwy 97 Bridge immediately upstream of the mouth to Zosel Dam: Closed to all aquatic plant removal activities except hand pulling.

Similkameen River from the mouth upstream to Enloe Dam: Closed to all aquatic plant removal activities except hand pulling.

Pend Oreille County

Sullivan Creek and all tributaries from mouth to headwaters: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.  

Spokane River tributaries, including Little Spokane River and tributaries (Spokane/Pend Oreille/Stevens Co.) from State Route 25 Bridge upstream to Monroe Street Dam: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.  

Skagit County

Suiattle River Tributaries Buck, Downey and Sulpher Creeks: Closed to all aquatic plant removal activities except hand pulling.

Snohomish County

Wallace River from the mouth upstream including all tributaries: Closed to all aquatic plant removal activities except hand pulling.

Spokane County

Spokane River (Spokane/Lincoln Co.) from upstream Boundary at Plese Flats Day Use Area to Idaho State Boundary: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.  

Spokane River tributaries, including Little Spokane River and tributaries (Spokane/Pend Oreille/Stevens Co.) from State Route 25 Bridge upstream to Monroe Street Dam: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.

Stevens County

Spokane River tributaries, including Little Spokane River and tributaries (Spokane/Pend Oreille/Stevens Co.) from State Route 25 Bridge upstream to Monroe Street Dam: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.

Colville River and all tributaries from mouth to headwaters: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.  

Thurston County

Black River (Grays Harbor and Thurston Counties) from the mouth upstream to Black Lake: Closed to all aquatic plant removal activities except hand pulling.

Walla Walla County

Walla Walla River from McDonald Road Bridge to Oregon State Boundary: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.

Mill Creek from Bennington Dam to State Line: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.

Whatcom County

South Fork Nooksack River from the mouth to Skookum Creek: Closed to all aquatic plant removal activities except hand pulling.

Yakima County

Ahtanum Creek, including North and Middle Forks: Closed to all aquatic plant removal activities except hand pulling.

American River: Closed to all aquatic plant removal activities except hand pulling.

Notwithstanding the provisions of WAC 220-660-290, effective September 16, 2015 until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:

Chelan County

Wenatchee River from mouth to the Icicle River Road Bridge: Closed to all aquatic plant removal activities except hand pulling.

Icicle River from the mouth to 500 feet downstream of the Leavenworth National Fish Hatchery Barrier Dam: Closed to all aquatic plant removal activities except hand pulling.

Peshastin Creek and all tributaries: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.

Grays Harbor County

Black River (Grays Harbor and Thurston Counties) from the mouth upstream to Black Lake: Closed to all aquatic plant removal activities except hand pulling.

Jefferson County

Queets River and its tributaries including Matheny Creek and the Salmon River outside Olympic National Park and the Quinault Reservation: Closed to all aquatic plant removal activities except hand pulling.

King County

Raging River from the mouth upstream: Closed to all aquatic plant removal activities except hand pulling.  

Kittitas County

Little Naches River: Closed to all aquatic plant removal activities except hand pulling.

Teanaway River, including West, Middle and North Forks: Closed to all aquatic plant removal activities except hand pulling.

Swauk Creek and all tributaries except Williams Creek: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling. Williams Creek is closed to all aquatic plant removal activities except hand pulling.

Lewis County

Newaukum River and all tributaries: Closed to all aquatic plant removal activities except hand pulling.

Okanogan County

Okanogan River from the Hwy 97 Bridge immediately upstream of the mouth to Zosel Dam: Closed to all aquatic plant removal activities except hand pulling.

Similkameen River from the mouth upstream to Enloe Dam: Closed to all aquatic plant removal activities except hand pulling.

Skagit County

Suiattle River Tributaries Buck, Downey and Sulpher Creeks: Closed to all aquatic plant removal activities except hand pulling.

Snohomish County

Wallace River from the mouth upstream including all tributaries: Closed to all aquatic plant removal activities except hand pulling.

Stevens County

Colville River and all tributaries from mouth to headwaters: Closed daily to all aquatic plant removal activities from 2 PM to midnight except hand pulling.  

Thurston County

Black River (Grays Harbor and Thurston Counties) from the mouth upstream to Black Lake: Closed to all aquatic plant removal activities except hand pulling.

Whatcom County

South Fork Nooksack River from the mouth to Skookum Creek: Closed to all aquatic plant removal activities except hand pulling.

Yakima County

Ahtanum Creek, including North and Middle Forks: Closed to all aquatic plant removal activities except hand pulling.

American River: Closed to all aquatic plant removal activities except hand pulling.

Reviser's note: The spelling errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 220-660-29000D	Aquatic plant removal and control. (15-311)