WSR 10-05-072

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-31 -- Filed February 12, 2010, 2:43 p.m. , effective February 18, 2010 ]


Effective Date of Rule: February 18, 2010.

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 closure will reduce incidental hooking mortality on wild steelhead. The 2009/2010 return of wild winter steelhead to the Samish River is expected to be below the escapement goal. The closure will reduce incidental hooking mortality on wild steelhead. The Nooksack River basin wild steelhead returns have been trending downward and are thought to be well below escapement goals. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 12, 2010.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900U   Exceptions to statewide rules -- Nooksack and Samish rivers.   Notwithstanding the provisions of WAC 232-28-619, effective February 18 through June 4, 2010, it is unlawful to fish in the following waters:

(1) Nooksack River - from the mouth to the confluence of the North and South Forks

(2) North Fork Nooksack - from the mouth to Nooksack Falls.

(3) South Fork Nooksack - from the mouth to Skookum Creek.

(4) Middle Fork - Nooksack from the mouth to headwaters.

(5) Samish River - from the mouth to the Hickson Bridge.

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REPEALER


The following section of the Washington Administrative Code is repealed effective June 5, 2010:


WAC 232-28-61900U Exceptions to statewide rules -- Nooksack and Samish rivers.

Washington State Code Reviser's Office