WSR 05-12-027

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-105 -- Filed May 23, 2005, 4:51 p.m. , effective May 28, 2005 ]


Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900Y; 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: In-season run analyses predict that 5,500 salmon are currently enroute to the Icicle River. Although upper Columbia spring chinook have been listed as endangered under the Endangered Species Act, the salmon returning to the Icicle River are Carson River stock that are not listed as endangered. About 1,000 salmon are needed to meet hatchery broodstock needs. The quantity of salmon returning in 2005 ensures that the hatchery will meet their escapement needs; the remaining fish will be available for harvest. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 23, 2005.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900Y   Exceptions to statewide rules -- Icicle River (Chelan Co.)   Notwithstanding the provisions of WAC 232-28-619, effective May 28, 2005 through July 31, 2005 it is lawful to fish for salmon in those waters of the Icicle River from 500 feet downstream of the Leavenworth National Fish Hatchery Rack downstream to a point 400 feet upstream of the mouth of the Icicle River. Daily limit two salmon minimum size is 12 inches. Night closure and non-buoyant lure restrictions in effect.

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REPEALER

The following section of the Washington Administrative Code is repealed effective one hour after sunset on July 31, 2005:


WAC 232-28-61900Y Exceptions to statewide rules -- Icicle River (Chelan Co.)

Washington State Code Reviser's Office