WSR 09-23-066

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-252 -- Filed November 13, 2009, 11:23 a.m. , effective December 1, 2009 ]


Effective Date of Rule: December 1, 2009.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: 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 Kendall Creek Hatchery in recent years has been unable to secure sufficient eggs from returning hatchery winter steelhead to meet basin production goals. Closure of the fishery is needed to collect sufficient fish to meet egg take needs. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900E   Exceptions to statewide rules -- North Fork Nooksack River.   Notwithstanding the provisions of WAC 232-28-619, effective December 1, 2009, until further notice, it is unlawful to fish in those waters of the North Fork Nooksack River from the yellow post located at the upstream-most corner of the hatchery grounds approximately 1,000 feet upstream of the mouth of Kendall Creek, downstream to the Mosquito Lake Road Bridge.

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Washington State Code Reviser's Office