WSR 09-21-038

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-239 -- Filed October 13, 2009, 2:34 p.m. , effective October 15, 2009, 12:01 a.m. ]


Effective Date of Rule: October 15, 2009, 12:01 a.m.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900Z; 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 in-season forecast for fall chinook escapement to the Hanford Reach has fallen below the natural spawning escapement goal of 28,800 adult chinook. The revised total return estimate (spawning escapement + harvest) is predicted to be 33,381 adults. If the fishery is allowed to continue as scheduled through October 22, less than 26,000 adult chinook will remain to spawn based on the predicted final return and current harvest rate. Closing the salmon retention fishery eight days early will result in approximately 1,000 additional adult fish surviving to spawn. The 2009 harvest is well above the anticipated level and has already surpassed the 2008 harvest by more than forty percent. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 13, 2009.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900Z   Exceptions to statewide rules -- Columbia River.   Notwithstanding the provisions of WAC 232-28-619, effective October 15, through October 22, 2009, it is unlawful to retain salmon in those waters of the Columbia River from the Highway 395 Bridge at Pasco to Priest Rapids Dam.

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REPEALER


The following section of the Washington Administrative Code is repealed effective October 23, 2009:


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

Washington State Code Reviser's Office