WSR 09-19-108

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-205 -- Filed September 21, 2009, 3:04 p.m. , effective September 22, 2009 ]


Effective Date of Rule: September 22, 2009.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900R; 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: Returns of hatchery and natural-origin summer-run steelhead to the Upper Columbia River have far exceeded the run criteria of 9,300 counted over Priest Rapids Dam required to open a conservation-based fishery under ESA. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900R   Exceptions to statewide rules -- Columbia River.   Notwithstanding the provisions of WAC 232-28-619:

(1) Effective September 22, through October 31, 2009, a person may fish for steelhead in waters of the Columbia River from the Highway 395 Bridge upstream to the Old Hanford townsite wooden powerline towers. Daily limit, three hatchery steelhead; minimum size is 20 inches.

(2) Effective September 22, through October 22, 2009, a person may fish for steelhead in waters of the Columbia River from the Hanford wooden powerline towers upstream to Priest Rapids Dam. Daily limit, three hatchery steelhead; minimum size is 20 inches.

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REPEALER


The following section of the Washington Administrative Code is repealed effective November 1, 2009:


WAC 232-28-61900R Exceptions to statewide rules -- Columbia River.

Washington State Code Reviser's Office