WSR 99-11-001

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-41-- Filed May 5, 1999, 2:53 p.m. , effective May 5, 1999, 6:00 p.m. ]

Date of Adoption: May 5, 1999.

Purpose: Subsistence fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05500U; and amending WAC 220-32-055.

Statutory Authority for Adoption: RCW 75.08.080.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: The treaty tribes have reached the harvest allocation for spring Chinook in the mainstem Columbia River. This rule is consistent with the 1996-98 Management Agreement for 1999 fisheries, and conforms state and tribal rules. This action mirrors a tribal implemented closure. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: May 5, 1999, 6:00 p.m.

May 5, 1999

Evan Jacoby

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-32-05500U
Indian subsistence fishing

Notwithstanding the provisions of WAC 220-32-055 effective 6:00 p.m. May 5, 1999 through midnight May 31, 1999, it is unlawful for individuals possessing treaty fishing rights pursuant to the Yakama Treaty, the Warm Springs Treaty, the Umatilla Treaty and the Nez Perce Treaty to take, fish for, or possess salmon for subsistence purposes in those waters of the Columbia River as defined in WAC 220-32-055 (2)a.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. June 1, 1999:


WAC 220-32-05500UIndian subsistence fishing.

Washington State Code Reviser's Office