WSR 97-10-043

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

(Wildlife)

[Order 97-74--Filed April 30, 1997, 4:47 p.m.]

Date of Adoption: April 30, 1997.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-128 and 232-28-619.

Statutory Authority for Adoption: RCW 75.08.080 and 77.12.040.

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 fish barrier has been installed at the Columbia Irrigation District drain (wasteway) in Kennewick. The drain concentrates fish, which are vulnerable to snagging and other unlawful harvest. A closure of fishing activity within a 400-foot radius above and below the barrier will protect Yakima River-origin 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 2, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: Immediately.

April 30, 1997

Evan Jacoby

for Bern Shanks

Director

NEW SECTION

WAC 220-56-12800A Food fish fishing--Closed areas. Notwithstanding the provisions of WAC 220-56-128, effective immediately until further notice it is unlawful to fish for or possess food fish taken from waters within 400-foot radius of the fish barrier screen below the Columbia Drive Bridge at Camp Kiwanis in Columbia Park in Kennewick. The closed waters include the entire Columbia Irrigation District drain (wasteway).

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NEW SECTION

WAC 232-28-61900J Exceptions to statewide rules--Columbia Irrigation District drain (wasteway) in Kennewick. Notwithstanding the provisions of WAC 232-28-619, effective immediately until further notice it is unlawful to fish for or possess game fish or unclassified fish taken from waters within 400-foot radius of the fish barrier screen below the Columbia Drive Bridge at Camp Kiwanis in Columbia Park in Kennewick. The closed waters include the entire Columbia Irrigation District drain (wasteway).

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