WSR 99-22-006

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-188-- Filed October 21, 1999, 4:42 p.m. ]

Date of Adoption: October 21, 1999.

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: A gasoline spill and subsequent fire caused a significant loss of aquatic life in Whatcom Creek and drastically altered the surrounding vegetation along the shore. The section being closed is the area that was most impacted by the spill and resulting fire. The closure is needed to protect what resident fish life remains in an effort to allow it rebuilding into available habitat, and for protection of anadromous fish returning to this section of the creek. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

October 21, 1999

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900X
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 the Woburn Street Bridge to the stone bridge at Whatcom Falls Park.

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Washington State Code Reviser's Office