WSR 04-05-015

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-14 -- Filed February 9, 2004, 8:10 a.m. , effective February 16, 2004, 12:01 a.m. ]

Date of Adoption: February 6, 2004.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900J; and amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 77.12.047.

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 preseason forecast for the Green River wild steelhead run is not large enough to allow any targeted fisheries. The wild fish escapement goal has not been reached the last several years. Regulations have required the release of wild steelhead since December 1, 2003. In addition, the return of hatchery steelhead this season has been poor and few hatchery fish remain in the river. Therefore, closing the river February 16 will not significantly effect harvest opportunities for hatchery fish and will provide additional protection for the predicted low wild run. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 16, 2004, 12:01 a.m.

February 6, 2004

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900J   Exceptions to statewide rules -- Green (Duwamish) River (King County).   Notwithstanding the provisions of WAC 232-28-619, the Green (Duwamish) River will be closed to all fishing:

Effective February 16, 2004 through February 29, 2004 from the mouth to the S. 277th bridge in Auburn.

Effective February 16, 2004 through March 15, 2004 from the S. 277th bridge to the Tacoma Headworks Dam.

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. March 16, 2004:


WAC 232-28-61900J Exceptions to statewide rules -- Green (Duwamish) River (King County).

Legislature Code Reviser 

Register

Washington State Code Reviser's Office