WSR 07-09-039

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-57 -- Filed April 11, 2007, 9:20 a.m. , effective May 1, 2007, 12:01 a.m. ]


Effective Date of Rule: May 1, 2007, 12:01 a.m.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900A; 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: Washington department of fish and wildlife predicts that 500 to 900 hatchery (adipose fin-clipped) spring chinook will return to the Ringold Springs Rearing Facility. These salmon were reared with funding from the confederated tribes of the Umatilla Indian Reservation (CTUIR). All of the fish (100%) were adipose fin-clipped prior to release. The dual purposes of the 2005 smolt release producing this year's return are: (1) To provide adult spawners for CTUIR's Walla Walla River spring chinook reintroduction feasibility study, and (2) to provide bank fishing opportunity for anglers in the Tri-Cities area. This is the first Ringold area bank fishery for released spring chinook 2002. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: April 9, 2007.

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900A   Exceptions to statewide rules -- Columbia River.   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. May 1 through May 31, 2007, in those waters of the Columbia River adjacent to Ringold Springs Rearing Facility (in Franklin County) from the Washington Department of Fish and Wildlife markers 1/4 mile downstream of the Ringold irrigation wasteway outlet, to the markers 1/2 mile upstream of Ringold Springs Creek, the daily limit is two hatchery salmon, Minimum size 12 inches in length. Fishing only from the hatchery side (east bank) and only from the bank. Night closure and non-buoyant lure restrictions in effect.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. June 1, 2007:


WAC 232-28-61900A Exceptions to statewide rules -- Columbia River.

Washington State Code Reviser's Office