WSR 05-18-052

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-200 -- Filed September 2, 2005, 3:53 p.m. , effective September 6, 2005, 12:01 a.m. ]


Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900T; 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: Extremely low water coupled with high summer temperatures has concentrated fish into habitats where they are susceptible to repeated catch and release fishing. Creel surveys indicate that anglers are primarily catching small trout in size classes that may overlap with juvenile anadromous steelhead. Unintentional fishing effort on juvenile steelhead is undesirable because of the endangered status of Upper Columbia River steelhead. The closure will reduce conservation concerns given the current drought conditions and help ensure a stable future fishery. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900T   Exceptions to statewide rules -- Chewuch and Twisp rivers.   Notwithstanding the provisions of WAC 232-28-619:

(1) Effective September 6 through September 30, 2005, it is unlawful to fish in those waters of the Chewuch River from the mouth to Eight Mile Creek.

(2) Effective September 6 through September 30, 2005, it is unlawful to fish in those waters of the Twisp River from the mouth to War Creek.

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REPEALER


The following section of the Washington Administrative Code is repealed effective October 1, 2005:


WAC 232-28-61000T Exceptions to statewide rules -- Chewuch and Twisp rivers.

Washington State Code Reviser's Office