WSR 04-09-022

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-76 -- Filed April 12, 2004, 12:45 p.m. ]

     Date of Adoption: April 9, 2004.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900X; 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: Department of Fish and Wildlife personnel are initiating a three-year biotelemetry study on habitat use and behavior of tiger muskie in Newman Lake. Prohibiting harvest of tiger muskie between April 19 and May 23, 2004, will facilitate FDA compliance with regulations required for fish that are anesthetized during initial capture and tagging scheduled for the week of April 19th. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

April 9, 2004

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900X   Exceptions to statewide rules--Newman Lake (Spokane Co.)   Notwithstanding the provisions of WAC 232-28-619, effective April 19 through May 23, 2004, it is unlawful to fish for or possess Tiger Muskie in those waters of Newman Lake.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. May 24, 2004:


WAC 232-28-61900X Exceptions to statewide rules -- Newman Lake (Spokane Co.)

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