WSR 05-09-097

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-71 -- Filed April 20, 2005, 10:33 a.m. , effective April 21, 2005, 12:01 a.m. ]


Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900F; 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: Closes the sport fishery in concurrent waters consistent with the closure of the mainstem Columbia River. Bonneville Dam counts are less than expected and there is uncertainty at this time about what the upriver spring chinook run will be. Sport fisheries are being closed to be conservative if the upriver run size falls far short of the preseason forecast. There is insufficient time to promulgate permanent regulations.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 19, 2005.

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900R   Exceptions to statewide rules -- Deep River (Wahkiakum Co.)   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. April 21, 2005 until further notice, it is unlawful to fish for or possess salmon those waters of Deep River (Wahkiakum County) downstream of the Highway 4 Bridge.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. April 21, 2005:


WAC 232-28-61900F Exceptions to statewide rules -- Columbia River. (05-41)

Washington State Code Reviser's Office