WSR 05-12-105

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-112 -- Filed May 27, 2005, 3:07 p.m. , effective May 31, 2005 ]


Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900Z; 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 personnel are continuing a three-year biotelemetry study on habitat use and behavior of tiger muskie in Newman Lake. Prohibiting harvest of tiger muskie from May 31 through July 29 will facilitate FDA compliance with regulations for fish that are anesthetized during capture and tagging activities scheduled for the last week in May. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 27, 2004 [2005].

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900Z   Exceptions to statewide rules -- Newman Lake (Spokane Co.)   Notwithstanding the provisions of WAC 232-28-619, effective May 31, through July 29, 2005, it is unlawful to retain Tiger Muskie in those waters of Newman Lake.

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REPEALER

The following section of the Washington Administrative Code is repealed effective July 30, 2005:


WAC 232-28-61900Z Exceptions to statewide rules -- Newman Lake (Spokane Co.)

Washington State Code Reviser's Office