WSR 06-24-015

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-291 -- Filed November 29, 2006, 8:16 a.m. , effective December 1, 2006, 12:01 a.m. ]


     Effective Date of Rule: December 1, 2006, 12:01 a.m.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: 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: ESA-listed steelhead stage in this area near the mouth of the Methow River, especially in March. Steelhead fishing is not open in the Methow River this year due to low numbers of returning wild fish. This emergency regulation is consistent with our federal permit "special conditions" to manage recreational fisheries to minimize impacts on ESA-listed salmonids and necessary to eliminate potential impacts to these listed fish. This regulation has been proposed as part of the permanent fishing rule package that takes effect May 1, 2007. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: November 28, 2006.

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900G   Exceptions to statewide rules -- Methow River   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. December 1, 2006 until further notice, from mouth (Hwy. 97 Bridge) to Gold Creek, closed to all fishing.

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