WSR 05-09-016

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-62 -- Filed April 8, 2005, 10:50 a.m. , effective April 11, 2005 ]


Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900M; and amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 77.12.240.

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: Washington Department of Fish and Wildlife personnel are continuing a three-year biotelemetry study on habitat use and behavior of tiger muskie in Newman Lake. Prohibiting harvest of tiger muskie from April 11 through May 15, 2005, will facilitate FDA compliance with regulations for fish that are anesthetized during capture and tagging activities scheduled for the week of April 11. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: April 8, 2005.

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900M   Exceptions to statewide rules -- Newman Lake (Spokane Co.)   Notwithstanding the provisions of WAC 232-28-619, effective April 11 through May 15, 2005, it is unlawful to fish for or possess Tiger Muskie in those waters of Newman Lake.

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REPEALER


The following section of the Washington Administrative Code is repealed effective May 16, 2005:


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

Washington State Code Reviser's Office