WSR 11-03-033

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-05 -- Filed January 11, 2011, 1:44 p.m. , effective January 16, 2011 ]


     Effective Date of Rule: January 16, 2011.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: 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 2010-2011 forecast of wild steelhead returning to the Puyallup River basin is well below the spawning goal. This closure will reduce the incidental hooking mortalities of wild steelhead. Puget Sound wild steelhead populations are listed as "threatened" under the Endangered Species Act. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 11, 2011.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900N   Exceptions to statewide rules -- White, Carbon and Puyallup rivers.   Notwithstanding the provisions of WAC 232-28-619:

     (1) Effective January 16, 2011, until further notice, it is unlawful to fish in those waters of the White River from the mouth to the R Street Bridge in Auburn.

     (2) Effective January 16, 2011, until further notice, it is unlawful to fish in those waters of the Carbon River from the mouth to the Highway 162 Bridge in Auburn.

     (3) Effective January 16, 2011, until further notice, it is unlawful to fish in those waters of the Puyallup River from the mouth of Carbon River upstream.

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