WSR 11-16-068

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-178 -- Filed July 29, 2011, 4:46 p.m. , effective August 1, 2011 ]


Effective Date of Rule: August 1, 2011.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900J; 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: A large number of net pen reared triploid rainbow trout raised at upstream facilities on Rufus Woods Reservoir have recently escaped downstream into the Wells Pool area below Chief Joseph Dam. Removal of these fish is necessary to help reduce the incidence of competition and/or predation with juvenile Endangered Species Act listed anadromous species downstream. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 29, 2011.

James B. Scott, Jr.

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900J   Exceptions to statewide rules -- Columbia River.   Notwithstanding the provisions of WAC 232-28-619, effective August 1 through August 31, 2011, it is permissible to retain triploid rainbow trout (having an eroded caudal fin) in waters of the Columbia River from Highway 173 Bridge in Brewster to the Highway 17 Bridge in Bridgeport. Daily limit four triploid rainbow trout, minimum size 12 inches in length. All steelhead must be released.

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REPEALER


The following section of the Washington Administrative Code is repealed effective September 1, 2011:


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

Washington State Code Reviser's Office