WSR 08-19-094

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-240 -- Filed September 16, 2008, 3:57 p.m. , effective September 18, 2008 ]


Effective Date of Rule: September 18, 2008.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900A; 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: The maximum number of steelhead encounters, which are set by Washington department of fish and wildlife's permit with NOAA fisheries, have been reached. The increasing presence of steelhead in the last week, coupled with increasing angler efforts on the Methow River, increased the number of steelhead encounters and thus necessitated early closure to remain within incidental take limits set by NOAA fisheries. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 16, 2008.

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900A   Exceptions to statewide rules -- Methow River.   Notwithstanding the provisions of WAC 232-28-619, effective September 18 through September 30, 2008, it is unlawful to fish in those waters of the Methow River from the Lower Burma Bridge to Foghorn Dam (one mile upstream of Winthrop).

[]


REPEALER

The following section of the Washington Administrative Code is repealed effective October 1, 2008:


WAC 232-28-61900A Exceptions to statewide rules -- Methow River.

Washington State Code Reviser's Office