WSR 10-03-005

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-04 -- Filed January 6, 2010, 3:36 p.m. , effective January 9, 2010 ]


Effective Date of Rule: January 9, 2010.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900L; 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 on spawner survey and harvest information available to date, Washington department of fish and wildlife (WDFW) is concerned that the winter chum return to the Nisqually River is not as abundant as forecast and has the potential to fall short of our escapement goal. Given this information and the need to achieve our shared conservation goals both WDFW and the Nisqually Tribe are closing their respective fisheries for chum salmon. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 6, 2010.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900L   Exceptions to statewide rules -- Nisqually River.   Notwithstanding the provisions of WAC 232-28-619, effective January 9 through January 31, 2010, it is unlawful to fish in waters of the Nisqually River from the mouth to the military tank crossing bridge.

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective February 1, 2010:


WAC 232-8-61900L Exceptions to statewide rules -- Nisqually River.

Reviser's note: The section above appears as filed by the agency pursuant to RCW 34.08.040; however, the reference to WAC 232-8-61900L is probably intended to be WAC 232-28-61900L.

Washington State Code Reviser's Office