WSR 05-01-088

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-313 -- Filed December 10, 2004, 4:37 p.m. , effective January 1, 2005, 12:01 a.m. ]


     

     Purpose: Amend personal use rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900Z; 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: Native redband rainbow trout begin entering the San Poil Arm of Lake Roosevelt during January prior to spawning in the San Poil River. This area currently does not close until February 1 under WDFW permanent regulations. The Colville Tribe has implemented a January 1 closure on sections of this area that are under its jurisdiction. The Washington Fish and Wildlife Commission will act on extending this closure under the permanent rule adoption process in February 2005 and will become effective January 2006. An emergency closure is necessary to protect this stock in January 2005 and to have consistent regulations with the Colville Tribe.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 10, 2004.

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900Z   Exceptions to statewide rules -- Lake Roosevelt.   Notwithstanding the provisions of WAC 232-28-619, effective January 1 through January 31, 2005, it is unlawful to fish for gamefish in those waters of the San Poil Arm upstream from the outlet of French Johns Lake.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. February 1, 2005:


WAC 232-28-61900Z Exceptions to statewide rules -- Lake Roosevelt.

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