EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: November 13, 2003.
Purpose: Amend personal use 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.
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: Low numbers of chum salmon have been found in these streams. Stream flows have been low and the fish are vulnerable to harassment which has been recently observed. All Columbia River chum are listed as "threatened" under the Endangered Species Act and harassment is considered a "take." 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.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:
November 14, 2003, 12:01 a.m.
November 13, 2003
Evan Jacoby
for Jeff Koenings
Director
(1) Abernathy Creek (Cowlitz Co.) in those waters from the mouth (Highway 4 Bridge) to Abernathy Falls.
(2) Germany Creek (Cowlitz Co.) in those waters from the mouth to the end of Germany Creek Road (approximately 5 miles)
(3) Mill Creek (Cowlitz County)
[]
The following section of the Washington Administrative
Code is repealed effective 12:01 a.m. December 16, 2003:
| WAC 232-28-61900D | Exceptions to statewide rules -- Abernathy Creek, Germany Creek and Mill Creek. |