WSR 98-06-036

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-25--Filed February 26, 1998, 3:47 p.m., effective March 4, 1998, 12:01 a.m.]

Date of Adoption: February 25, 1998.

Purpose: Personal use rules.

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

Statutory Authority for Adoption: RCW 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: The Hoh Tribe and the Washington Department of Fish and Wildlife agree that the best in-season estimates of wild winter steelhead runsize appear to be well below the preseason forecast of 3,514. The tribal fishery has caught only 49.7% of the predicted wild steelhead catch for weeks 1-8 (98 caught/197 predicted). Because of concern for the estimated low wild steelhead runsize, both parties agree that the Hoh River should close to all fishing at 12:01 a.m. Wednesday, March 4, 1998. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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 4, 1998, 12:01 a.m.

February 25, 1998

Bern Shanks

Director

NEW SECTION

WAC 232-28-61900F Washington game fish seasons and daily limits regional regulation exceptions. Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. March 4, 1998 until further notice the following waters are closed to fishing:

(1) Hoh River

(2) Hoh River - South Fork.

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