WSR 10-19-079

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-246 -- Filed September 16, 2010, 3:18 p.m. , effective September 18, 2010 ]


Effective Date of Rule: September 18, 2010.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900F; 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: An unexpected abundance of hatchery-produced fall chinook that have not been marked with a missing adipose fin are returning to the Cowlitz River this season. This action will increase fishing opportunity this season and allow for a transition before a season-long mark-selective fishery for hatchery salmon is expected to begin next year, when all hatchery fall chinook salmon returning to the Cowlitz river will be marked with a missing adipose fin. This action does not affect Washington department of fish and wildlife's ability to meet conservation objectives for wild 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 16, 2010.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900F   Exceptions to statewide rules -- Cowlitz River.   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) Effective September 18, through December 31, 2010, in waters of the Cowlitz River from boundary markers at the mouth to 400 feet below Mayfield Dam Powerhouse, it is permissible to retain one wild adult Chinook as part of the two adult Chinook daily limit.

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REPEALER


The following section of the Washington Administrative Code is repealed effective January 1, 2011:


WAC 232-28-61900F Exceptions to statewide rules -- Cowlitz River.

Washington State Code Reviser's Office