WSR 05-11-042

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-92 -- Filed May 12, 2005, 10:46 a.m. , effective May 12, 2005 ]


Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 232-28-619 and 220-56-285.

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: Modification to the mainstem steelhead and shad sport fisheries is necessary to provide additional protection to spring chinook destined for areas above Bonneville Dam. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 11, 2005.

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900W   Exceptions to statewide rules -- Columbia River.   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. May 16, 2005 until further notice, it is unlawful to fish for or possess steelhead in those waters of the Columbia River from the Rocky Point/Tongue Point line upstream to the I-5 Bridge.

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NEW SECTION
WAC 220-56-28500E   Shad -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-285, effective 12:01 a.m. May 16, 2005 until further notice, it is unlawful to fish for and possess shad in those waters of the Columbia River from the mouth to Bonneville Dam.

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Washington State Code Reviser's Office