WSR 12-20-008

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-218 -- Filed September 20, 2012, 3:12 p.m. , effective September 20, 2012, 3:12 p.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Amend recreational fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900I; 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: This emergency rule is needed to comply with the new federal Americans with Disabilities Act rules. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 20, 2012.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900I   Exceptions to statewide rules -- Wishkah River.   (1) Notwithstanding the provisions of WAC 232-28-619, effective immediately through December 31, 2012, closed waters from 150 feet downstream of the Hatchery outfall structure to 150 feet upstream of the Hatchery outfall structure, except that disabled anglers having a designated harvester companion card, and meeting WAC 220-55-065 and who are not ambulatory over natural terrain without a prosthesis or assistive device, or a person who is totally blind or visually impaired, will be allowed to fish in the new ADA access area. All other rules for the river remain in effect.

     (2) The ADA access area is the area from 150 feet upstream to 150 feet downstream of the Wishkah adult attraction channel/outfall structure within the posted fishing boundary.

     (3) Daily limit of two trout, minimum size 14 inches. Other game fish, statewide size and daily limits. Salmon: Open October 1 through December 31, 2012; daily limit of six fish, of which up to two may be adults. Minimum size 12 inches. Release Chinook, wild coho, and chum.

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REPEALER


     The following section of the Washington Administrative Code is repealed effective January 1, 2013:


WAC 232-28-61900I Exceptions to statewide rules -- Wishkah River.