WSR 01-17-066

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-166 -- Filed August 15, 2001, 3:31 p.m. , effective August 20, 2001 ]

     Date of Adoption: August 15, 2001.

     Purpose: Personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-12-61900R; and amending WAC 232-12-619.

     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: With low water conditions the chinook salmon have become concentrated in a few pools. Anglers are targeting the chinook salmon using heavily weighted flies to intentionally target the chinook. Due to conditions, many of the chinook salmon are being fouled hooked. This time of year stream temperatures can become quite elevated with afternoon temperatures in the high 60s or low 70s not uncommon. The continuous harassment of the chinook salmon in [is] placing undue stress on this depressed population of wild chinook. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: August 20, 2001.

August 15, 2001

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-12-61900R   Exceptions to permanent rules -- North Fork Stillaguamish River.   Notwithstanding the provisions of WAC 232-12-619, effective August 20 through October 15, 2001, it is unlawful to use weighted flies while fishing in those waters of the North Fork Stillaguamish River from its mouth to Swede Heaven Bridge. A "weighted fly" is a fly to which material has been attached to increase the sink rate of the fly.

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REPEALER

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. October 16, 2001:


WAC 232-12-61900R Exceptions to permanent rules -- North Fork Stillaguamish River.

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