WSR 09-19-038

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-201 -- Filed September 9, 2009, 2:35 p.m. , effective September 9, 2009, 2:35 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-100.

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: This emergency rule allows additional recreational opportunity by allowing gear types commonly used in salmon fishing while providing protection to fish from snagging. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 9, 2009.

James B. Scott, Jr.

for Philip Anderson

Director


NEW SECTION
WAC 220-56-10000F   Definitions -- Personal use fishing.   Notwithstanding the provisions of WAC 220-56-100, effective immediately until further notice, the following definitions apply to personal use fishing in Titles 220 and 232 WAC:

(1) "Anti-snagging rule" means:

(a) Except when fishing with a buoyant lure or trolling from a floating device, terminal fishing gear is restricted to a lure or bait with one single point hook.

(b) Only single point hooks measuring not more than 3/4 inch from point to shank may be used, and all hooks must be attached to or below the lure or bait.

(c) Weights may not be attached below or less than 12 inches above the lure or bait.

(2) Buoyant lure means:

(a) A lure that floats on the surface of freshwater when not being retrieved by a line

(3) Trolling means:

(a) A method of fishing from a vessel that is underway and under power.

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Washington State Code Reviser's Office