WSR 05-18-051

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-199 -- Filed September 2, 2005, 3:52 p.m. , effective September 3, 2005 ]


Purpose: Amend personal fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900G and 232-28-61900S; 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: Lower Columbia River wild coho have recently been listed as threatened under the Endangered Species Act. This action will create a selective fishery for hatchery coho while protecting the wild component of the run. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 2, 2005.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900S   Exceptions to statewide rules -- Wind and White Salmon rivers.   Notwithstanding the provisions of WAC 232-28-619:

(1) Effective 12:01 a.m. September 3 through October 31, 2005, in those waters of the Wind River from mouth to 100 feet upstream of Shipherd Falls release wild coho.

(2) Effective 12:01 a.m. September 3 through December 30, 2005, in those waters of the White Salmon River from the mouth which is defined as markers on the east and west shores and when buoys are in place southerly to the buoy and east-west between the buoys upstream to Northwestern (Condit) Dam release wild coho.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900G Exceptions to state rules -- Camas Slough, Columbia River, Lewis River, Washougal River and Wind River. (05-134)

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. December 31, 2005:


WAC 232-28-61900S Exceptions to statewide rules -- Wind and White Salmon rivers. (05-199)

Washington State Code Reviser's Office