WSR 99-13-145

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-82-- Filed June 18, 1999, 4:38 p.m. ]

Date of Adoption: June 18, 1999.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-307, 220-57-502, 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 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: A toxic spill and subsequent explosion and fire resulted in extremely high mortalities to the resident and anadromous fish species and other aquatic life in the affected portion of Whatcom Creek (mouth to river mile 2.5). Fish and crawfish populations have been severely impacted to the point that any recreational fishing would have a negative influence on the remaining fish population. Further recreational fishing and shellfish gathering (crawfish) would also inhibit recovery by causing additional disturbance to streambanks and instream habitat. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

June 18, 1999

Larry Peck

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-56-30700A
Shellfish--Closed areas.

Notwithstanding the provisions of WAC 220-56-307, effective immediately until further notice, it is unlawful to fish for or possess shellfish in those waters of Whatcom Creek and its tributaries, from its mouth to Lake Whatcom (City of Bellingham's flow control structure off Electric Ave.)

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NEW SECTION
WAC 220-57-50200A
Whatcom Creek.

Notwithstanding the provisions of WAC 220-57-502, effective immediately until further notice, it is unlawful to fish for or possess foodfish in those waters of Whatcom Creek and its tributaries, from its mouth to Lake Whatcom (City of Bellingham's flow control structure off Electric Ave.)

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NEW SECTION
WAC 232-28-61900P
Exceptions to statewide game fish rules--Whatcom Creek.

Notwithstanding the provisions of WAC 232-28-619, effective immediately until further notice, it is unlawful to fish for or possess gamefish in those waters of Whatcom Creek and its tributaries, from its mouth to Lake Whatcom (City of Bellingham's flow control structure off Electric Ave.).

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Washington State Code Reviser's Office