WSR 99-21-032

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-185-- Filed October 15, 1999, 7:58 a.m. , effective October 16, 1999, 12:01 a.m. ]

Date of Adoption: October 14, 1999.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-12800C and 232-28-61900W; and 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: These rules allow for the maintenance of an orderly fishery in the Hoodsport Hatchery zone. Recent beach erosion and deposition have created a more defined channel for Finch Creek as it passes across the beach. This change in the channel has made fish entering the creek vulnerable to illegal snagging when the tide is low. This change will remove the high risk of snagging when the tide is out. Preventing fishing from the hatchery facility itself will prevent the risk of snagging fish when the tide is in. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 16, 1999, 12:01 a.m.

October 14, 1999

Evan Jacoby

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-56-12800C
Food fish fishing--Closed areas.

Notwithstanding the provisions of WAC 220-56-128, effective 12:01 a.m. October 16, 1999 through December 15, 1999 it is unlawful to fish within the channel created by Finch Creek on the exposed Washington Department of Fish and Wildlife tidelands proximal to the Hoodsport Hatchery or to fish from any part of the Hoodsport Hatchery structure.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 11:59 p.m. December 15, 1999:


WAC 220-56-12800C Food fish fishing--Closed areas.

NEW SECTION
WAC 232-28-61900W
Exceptions to statewide rules.

Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. October 16, 1999 through December 15, 1999 it is unlawful to fish for gamefish within the channel created by Finch Creek on the Exposed Washington Department of Fish and Wildlife tidelands proximal to the Hoodsport Hatchery or to fish from any part of the Hoodsport structure.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 11:59 p.m. December 15, 1999:


WAC 232-28-61900W Exceptions to statewide rules.

Washington State Code Reviser's Office