WSR 05-09-037

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-63 -- Filed April 14, 2005, 1:33 p.m. , effective May 6, 2005, 12:01 a.m. ]


Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900N; 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: This emergency regulation is necessary to assure a safe and successful Safety Day Event. Several thousand fish will be placed into netted areas along the west end of the lake, near the boat ramp two days prior to the event to acclimate them before the event. On the day of the event preregistered juveniles will be allowed to fish in these netted areas. Closing the fishery will also allow the nets to be set and retrieved without conflicts with anglers. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 13, 2005.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900N   Exceptions to statewide rules -- Kress Lake (Cowlitz Co.)   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. May 6 through 6:00 p.m. May 8, 2005, it is unlawful to fish in those waters of Kress Lake, except open to fishing 8:00 a.m. to 3:00 p.m. May 8, 2005 in the netted area to juvenile anglers participating in the Safety Day Event.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 6:00 p.m. May 8, 2005:


WAC 232-28-61900N Exceptions to statewide rules -- Kress Lake

Washington State Code Reviser's Office