EMERGENCY RULES
FISH AND WILDLIFE
Effective Date of Rule: April 16, 2009.
Purpose: Amend personal use fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900N; 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 fish and wildlife commission recently adopted the replacement of the nonbuoyant lure restriction with the anti-snagging rule. Under permanent regulations, both Wind River and Drano Lake had the nonbuoyant lure restrictions. During the recent North of Falcon process, the department proposed a test to remove the upcoming anti-snagging rule during the spring chinook sport season based upon public response. The department has received numerous concerns about bank and boat interactions near the outlet of Drano Lake during the spring chinook fisheries. Bank fishing is limited in the lake and the outlet is a popular and productive area for both bank and boat anglers. The proposed rule will be a test to determine if the conflicts can be reduced. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 14, 2009.
Philip Anderson
Director
(1) Wind River - Effective May 1 through June 30, 2009, in waters from the mouth (boundary/markers) to the Burlington-Northern Railroad Bridge, the anti-snagging rule is rescinded for all species except sturgeon.
(2) Drano Lake - Effective May 1 through June 30, 2009, in waters from the Highway 14 Bridge to markers on points of land downstream and across from the Little White Salmon National Fish Hatchery, the anti-snagging rule is rescinded for all species except sturgeon.
(a) Drano Lake - Effective April 16 through June 30, 2009, in waters around the outlet of Drano Lake west of a line projected from the eastern most pillar of the Highway 14 Bridge, to a posted marker on the north shore, a person may only fish from the bank.
[]
The following section of the Washington Administrative
Code is repealed effective July 1, 2009:
| WAC 232-28-61900N | Exceptions to statewide rules -- Wind River and Drano Lake. |