WSR 05-14-147

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-138 -- Filed July 5, 2005, 4:44 p.m. , effective July 7, 2005 ]


Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: 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: To protect listed spring chinook and native char during spawning season. Canyon Creek provides essential holding and spawning habitat for both these species. Low water flows on the lower section of Canyon Creek impair fish passage upstream, leaving the fish vulnerable to disturbance. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 5, 2005.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900J   Exceptions to statewide rules -- Canyon Creek.   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. July 7, through October 31, 2005 it is unlawful to fish in those waters from the mouth of Canyon Creek to Canyon Creek Road Bridge on USFS #31 (approximately river mile 5.5)

[]

Washington State Code Reviser's Office