WSR 09-20-014

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-205 -- Filed September 25, 2009, 3:59 p.m. , effective September 26, 2009 ]


Effective Date of Rule: September 26, 2009.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900U; 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: The increasing presence of steelhead in the Methow River, coupled with increasing angler effort, have accelerated the number of steelhead encounters, necessitating a river closure to remain within incidental take limits set by NOAA Fisheries. The Endangered Species Act, Section 10, Permit 1554, addresses the incidental take of listed species separately for each fishery. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 25, 2009.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900U   Exceptions to statewide rules--Methow River.   Notwithstanding the provisions of WAC 232-28-619, effective September 26 through September 30, 2009, it is unlawful to fish in waters of the Methow River from the Lower Burma Road Bridge to Foghorn Dam.

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REPEALER


The following section of the Washington Administrative Code is repealed effective October 1, 2009:


WAC 232-28-61900U Exceptions to statewide rules--Methow River.

Washington State Code Reviser's Office