WSR 08-20-108

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-256 -- Filed September 30, 2008, 10:42 a.m. , effective October 1, 2008 ]


Effective Date of Rule: October 1, 2008.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900E; 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 Yakama Nation has federally reserved exclusive fishing rights on waters that border its reservation. At this time, the Yakama Nation has not waived their exclusive fishing rights that would allow the Washington department of fish and wildlife (WDFW) to open a nontribal sport fishery on boundary waters of the Yakima River. As a result, WDFW is closing the state's sport fishery on the twenty-one mile section of the Yakima River that borders the Yakama Nation Reservation. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 30, 2008.

Phil Anderson

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900E   Exceptions to statewide rules -- Yakima River.   Notwithstanding the provisions of WAC 232-28-619, effective October 1 through October 22, 2008, it is unlawful to fish for or possess salmon in waters of the Yakima River from the Highway 223 Bridge at Granger upstream to Sunnyside (Parker) Dam.

[]


REPEALER

The following section of the Washington Administrative Code is repealed effective October 23, 2008:


WAC 232-28-61900E Exceptions to statewide rules -- Yakima River.

Washington State Code Reviser's Office