WSR 09-12-012

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-93 -- Filed May 21, 2009, 2:08 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: 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: Hatchery summer-run steelhead are released into the South Fork Toutle and Green rivers and are not needed for broodstock. With the mainstem Columbia sport fishery closed for steelhead until further notice, this could result in more fish returning to these Toutle River tributaries. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 232-28-61900I   Exceptions to statewide rules -- Toutle and Green rivers (Cowlitz Co.)   Notwithstanding the provisions of WAC 232-28-619:

(1) Effective May 23, 2009, until further notice, a person may fish in waters of the South Fork Toutle River from the mouth to the 4700 Road Bridge. Daily limit, two hatchery steelhead; minimum size is 20 inches. Wild steelhead and all other game fish must be released. Selective gear rules are in effect through June 5, 2009.

(2) Effective May 23, 2009, until further notice, a person may fish in waters of the Green River from the mouth to 400' below the water intake at the upper end of the hatchery. Daily limit, two hatchery steelhead; minimum size is 20 inches. Wild steelhead and all other game fish must be released. Selective gear rules are in effect through June 5, 2009.

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Washington State Code Reviser's Office