WSR 09-12-011

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-92 -- Filed May 21, 2009, 2:03 p.m. , effective May 23, 2009 ]


Effective Date of Rule: May 23, 2009.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900H; and amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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: In recent years, spring chinook strays from the nearby select area fishery evaluation sites have been found in the system. These fish are not needed for broodstock. Select area commercial fisheries closed at the end of April and have since reopened with reduced areas and hours. This means there are more fish available in the Elochoman and Grays rivers for recreational harvest. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 21, 2009.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900H   Exceptions to statewide rules -- Elochoman and Grays rivers.   Notwithstanding the provisions of WAC 232-28-619:

(1) Effective May 23 through July 31, 2009, a person may fish in those waters of the Elochoman River from the salmon hatchery bridge downstream. Daily limit six hatchery Chinook, of which no more than two may be adults; minimum size is 12 inches in length. Also may catch and retain up to two hatchery steelhead; minimum size is 20 inches. Release all wild Chinook and wild steelhead. Release all trout except hatchery steelhead.

(2) Effective May 23 through July 31, 2009, a person may fish in those waters of the Grays River from the mouth to South Fork, and in the West Fork Grays River from the mouth to the hatchery intake/footbridge. Daily limit six hatchery Chinook, of which no more than two may be adults; minimum size is 12 inches in length. Also may catch and retain up to two hatchery steelhead; minimum size is 20 inches. Release all wild Chinook and wild steelhead. Release all trout except hatchery steelhead.

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REPEALER


The following section of the Washington Administrative Code is repealed effective August 1, 2009:


WAC 232-28-61900H Exceptions to statewide rules -- Elochoman and Grays rivers.

Washington State Code Reviser's Office