WSR 09-11-061

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-86 -- Filed May 14, 2009, 12:56 p.m. , effective May 18, 2009 ]


Effective Date of Rule: May 18, 2009.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900C; 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 upriver spring chinook run is expected to return at about half of the preseason forecast. Because the wild portion of the run is protected under the Endangered Species Act (ESA), fisheries must be managed to remain within the guidelines of the ESA. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 14, 2009.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900C   Exceptions to statewide rules -- Snake River.   Notwithstanding the provisions of WAC 232-28-619, effective May 18 through June 15, 2009, it is unlawful to fish for salmon in waters of the Snake River from Texas Rapids Boat Launch upstream to the U.S. Army Corps of Engineers Boat Launch.

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective June 16, 2009:


WAC 232-28-61900C Exceptions to statewide rules -- Snake River.

Washington State Code Reviser's Office