WSR 11-08-005

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-41 -- Filed March 25, 2011, 1:33 p.m. , effective April 1, 2011 ]


Effective Date of Rule: April 1, 2011.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900I; 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: Grant County Public Utility District, with assistance from the Washington department of fish and wildlife, will implant acoustic tags into selected game fish species to learn more about movement patterns within the Priest Rapids Pool. Game fish must be anesthetized in order to implant acoustic tags. The Food and Drug Administration stipulates that anesthetized fish must have a twenty-one day withdrawal period before fish can be consumed. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 25, 2011.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900I   Exceptions to statewide rules -- Columbia River.   Notwithstanding the provisions of WAC 232-28-619, effective April 1 through May 31, 2011, in waters of the Columbia River from Priest Rapids Dam to Wanapum Dam, it is unlawful to retain smallmouth bass, largemouth bass, walleye, channel catfish, and northern pikeminnow that have circular (hole) punches in their dorsal fin.

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REPEALER


The following section of the Washington Administrative Code is repealed effective June 1, 2011:


WAC 232-28-61900I Exceptions to statewide rules -- Columbia River.

Washington State Code Reviser's Office