WSR 10-11-039

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-113 -- Filed May 11, 2010, 1:50 p.m. , effective May 13, 2010 ]


Effective Date of Rule: May 13, 2010.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900Y; 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: In-season run analyses predict that about 11,000 salmon are currently enroute to the Icicle River. Although upper Columbia River spring chinook have been listed as endangered under the Endangered Species Act (ESA), the salmon returning to the Icicle River are not listed under the ESA. About 1,000 salmon are needed to meet hatchery broodstock. The 2010 return ensures that the hatchery will meet its escapement needs; the remaining fish will be available for harvest. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 11, 2010.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900Y   Exceptions to statewide rules -- Icicle River (Chelan Co.)   Notwithstanding the provisions of WAC 232-28-619, effective May 13 through July 31, 2010, a person may fish for salmon in those waters of the Icicle River from the closure signs located 800 feet upstream of the mouth to 500 feet downstream of the Leavenworth National Fish Hatchery Rack. Daily limit, two salmon; minimum size, 12 inches. Night closure in effect. All fish with one or more holes punched in the tail must be released.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. August 1, 2010:


WAC 232-28-61900Y Exceptions to statewide rules -- Icicle River (Chelan Co.)

Washington State Code Reviser's Office