WSR 09-21-059

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-242 -- Filed October 15, 2009, 11:10 a.m. , effective October 16, 2009 ]


Effective Date of Rule: October 16, 2009.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900C; 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: Based upon recent field observations, large numbers of early stock coho have been holding in the lower Grays. Originally, the salmon and steelhead season was scheduled to close October 15. This extension will allow additional opportunity to harvest surplus hatchery fish. However, it will close before larger numbers of Endangered Species Act listed chum are typically present. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 15, 2009.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900C   Exceptions to statewide rules -- Grays River.   Notwithstanding the provisions of WAC 232-28-619, effective October 16, through October 25, 2009, a person may fish in those waters of the Grays River from the mouth to South Fork, and in West Fork Grays from the mouth to the hatchery intake/footbridge. Daily limit six salmon, of which no more than two may be adult Chinook; minimum size is 12 inches in length. Daily limit two hatchery steelhead; minimum size is 20 inches in length. Release all chum, wild coho, wild Chinook, and wild steelhead. Night closure, anti-snagging, and stationary gear restrictions in effect.

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REPEALER


The following section of the Washington Administrative Code is repealed effective October 26, 2009:


WAC 232-28-61900C Exceptions to statewide rules -- Grays River.

Washington State Code Reviser's Office