WSR 10-12-068

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-140 -- Filed May 28, 2010, 1:38 p.m. , effective June 1, 2010 ]


Effective Date of Rule: June 1, 2010.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900S and 232-28-62100H; and amending WAC 232-28-619 and 232-28-621.

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 department is in the process of adopting permanent rules that are necessary to implement the personal use fishing plans agreed to by resource comanagers at the North of Falcon proceedings. These emergency rules are necessary to comply with agreed-to management plans and are interim until permanent rules take effect.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 28, 2010.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900S   Exceptions to statewide rules -- 2010 North of Falcon.   Notwithstanding the provisions of WAC 232-28-619, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:

(1) Skykomish River (Snohomish County): Effective June 1 through June 25, 2010, a person may fish for and possess salmon in those waters of the Skykomish River from the mouth to the mouth of Wallace River: Daily limit 2 hatchery Chinook; minimum size 12 inches in length.

(2) Wishkah River (Grays Harbor County):

(a) It is unlawful to fish from a floating device equipped with an internal combustion motor from the mouth to the mouth of the West Fork.

(b) The trout minimum size is eight inches in length in those waters from the weir at the Wishkah Rearing Ponds, upstream.

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NEW SECTION
WAC 232-28-62100H   Puget Sound salmon seasons -- 2010 North of Falcon.   Notwithstanding the provisions of WAC 232-28-621, WAC 220-56-128, and WAC 220-56-195, effective immediately until further notice, it is unlawful to fish for salmon in Puget Sound except as provided for in this section, provided that unless otherwise amended, all permanent rules remain in effect:

(1) Effective June 1 through June 25, 2010, waters of Catch Record Card Area 8-2 are closed, except that waters west of Tulalip Bay and within 2,000 feet of shore from the pilings at Old Bower's Resort, to a fishing boundary marker approximately 1.4 miles northwest of Hermosa Point: Open from Friday through 11:59 Monday of each week, from June 4 through June 18 and June 20 through June 25, 2010. Daily limit of two salmon.

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REPEALER


The following sections of the Washington Administrative Code are repealed effective June 26, 2010:


WAC 232-28-61900S Exceptions to statewide rules -- 2010 North of Falcon
WAC 232-28-61900H Puget Sound salmon seasons -- 2010 North of Falco

Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Reviser's note: The section above appears as filed by the agency pursuant to RCW 34.08.040; however, the reference to WAC 232-28-61900H is probably intended to be WAC 232-28-62100H.

Washington State Code Reviser's Office