WSR 05-16-103

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-160 -- Filed August 2, 2005, 11:23 a.m. , effective August 3, 2005, 12:01 a.m. ]


Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900M; 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: Catches of wild spring/summer chinook in the tribal and recreational fisheries in the Hoh River are little more than half of what was expected preseason, leading state and tribal biologists to conclude that the run is likely significantly lower than forecast. The number of wild chinook spawners is projected to be below the targeted spawning escapement goal. Closing the river to retention of chinook during the month of August will allow additional needed chinook escapement. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 1, 2005.

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900M   Exceptions to statewide rules -- Hoh River (Jefferson County)   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. August 3 through August 31, 2005, it is unlawful to retain salmon in those waters of the Hoh River from the mouth upstream to the mouth of Willoughby Creek.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. September 1, 2005:


WAC 232-28-61900M Exceptions to statewide rules -- Hoh River (Jefferson County)

Washington State Code Reviser's Office