WSR 07-11-122

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-91 -- Filed May 21, 2007, 3:44 p.m. , effective May 22, 2007 ]


Effective Date of Rule: May 22, 2007.

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: In-season run analyses predict that 2,500 salmon are currently enroute to the Icicle River. Although upper Columbia spring chinook have been listed as endangered under the Endangered Species Act, the salmon returning to the Icicle River are Carson River stock fish that are not listed as endangered. About 1,000 salmon are needed to meet hatchery broodstock needs. The quantity of salmon returning in 2007 ensures that the hatchery will meet their escapement needs; the remaining fish will be available for harvest. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 21, 2007.

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900J   Exceptions to statewide rules -- Icicle River (Chelan Co.)   Notwithstanding the provisions of WAC 232-28-619, effective May 22, through July 31, 2007, it is lawful to fish for salmon in those waters of the Icicle River from 500 feet downstream of the Leavenworth National Fish Hatchery Rack; downstream to a point 400 feet upstream of the mouth of the Icicle River. Daily limit, two salmon; minimum size, 12 inches. 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 August 1, 2007:

WAC 232-28-61900J Exceptions to statewide rules -- Icicle River (Chelan Co.)

Washington State Code Reviser's Office