WSR 10-07-027

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-54 -- Filed March 8, 2010, 4:11 p.m. , effective March 11, 2010 ]


Effective Date of Rule: March 11, 2010.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-27000G; and amending WAC 220-56-270.

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: Closes the Columbia River recreational smelt fishery prior to the scheduled date of March 31, 2010. No catch or effort has been observed or reported. The 2010 smelt run is likely complete and no additional fishing time is required to determine the magnitude of the run. Rule is consistent with Columbia River compact action of March 8, 2010. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 8, 2010.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 220-56-27000H   Smelt -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-270, effective March 11, 2010 until further notice, it is unlawful to fish for or possess eulachon smelt in all rivers.

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REPEALER


The following section of the Washington Administrative Code is repealed effective March 11, 2010:


WAC 220-56-27000G Smelt -- Areas and seasons. (10-44)

Washington State Code Reviser's Office