WSR 05-09-067

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-69 -- Filed April 19, 2005, 2:55 p.m. , effective May 1, 2005 ]


Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900Q; 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: Washington Department of Fish and Wildlife and Kalispel Tribe personnel are beginning a one-year biotelemetry study on habitat use and behavior of northern pike in the Pend Oreille River. Prohibiting harvest of northern pike from May 1 through June 10, 2005, will facilitate FDA compliance with regulations for fish that are anesthetized during capture and tagging activities scheduled for the weeks of May 1 and May 8. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 18, 2005.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900Q   Exceptions to statewide rules -- Pend Oreille River (Pend Oreille Co.)   Notwithstanding the provisions of WAC 232-28-619, effective May 1, 2005 through June 10, 2005, it is unlawful to fish for or possess northern pike in those waters of the Pend Oreille River.

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REPEALER


WAC 232-28-61900Q Exceptions to statewide rules -- Pend Oreille River (Pend Oreille Co.)

Washington State Code Reviser's Office