WSR 12-16-042

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-147 -- Filed July 27, 2012, 9:53 a.m. , effective July 28, 2012 ]


Effective Date of Rule: July 28, 2012.

Purpose: Amend commercial fishing rules.

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

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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: Salmon Creek has been designated as a recovery stream for ESA-listed steelhead. Sufficient water has been procured for Salmon Creek to attract spawning steelhead adults. Nonnative species such as smallmouth bass and eastern brook trout, along with residual juvenile hatchery steelhead, have increased competition and predation, making recovery efforts more difficult. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 27, 2012.

Joe Stohr

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900D   Exceptions to statewide rules -- Salmon Creek (Okanogan Co.)   Notwithstanding the provisions of WAC 232-28-619, effective July 28 through October 31, 2012, it is permissible to fish for smallmouth bass, Eastern brook trout, and adipose-clipped rainbow trout in waters of Salmon Creek from the Okanogan Irrigation District diversion (7.2 km upstream of the mouth) to Conconully Reservoir Dam. No minimum size; daily limit 10 fish of each species. Selective gear rules in effect.

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REPEALER


The following section of the Washington Administrative Code is repealed effective November 1, 2012:


WAC 232-28-61900D Exceptions to statewide rules -- Salmon Creek (Okanogan Co.)

Washington State Code Reviser's Office