WSR 11-21-035

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-270 -- Filed October 11, 2011, 3:36 p.m. , effective October 11, 2011, 3:36 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend recreational fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900A; 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: Sufficient surplus of coho and hatchery chinook exists to provide opportunity for an ADA-access-only recreational fishery. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900A   Exceptions to statewide rules -- Forks Creek--Willapa River tributary and Satsop River--Bingham Creek.   Notwithstanding the provisions of WAC 232-28-619, effective October 15, 2011, through January 31, 2012, disabled fishers meeting the requirement of WAC 220-55-065 and/or having a designated harvester card may fish in the following waters, provided such persons follow all applicable rules and regulations:

(1) Forks Creek - within the posted fishing boundaries at the Forks Creek Hatchery ADA-accessible site; the area is located from the adult fish weir upstream 500 feet. Night closure and single point barbless hooks required. Salmon minimum size 12 inches, and daily limit 6 fish, of which up to 3 may be adults. Release wild Chinook and chum.

(a) Designated harvesters may fish from the ADA-accessible site for anglers with lower extremity impairments, or who are visually impaired or blind, if room allows. However, anglers with lower extremity impairments, or who are visually impaired, have priority over others if the ADA-accessible site becomes overcrowded.

(2) Satsop River (Bingham Creek) - within the posted fishing boundaries at the Bingham Creek Hatchery ADA-accessible site; the area is located from the Bingham Creek Hatchery barrier dam downstream 400 feet, provided such persons follow all applicable rules and regulations. Night closure and single point barbless hooks required. Salmon minimum size 12 inches, and daily limit 6 fish, of which up to 3 may be adults. Release wild Chinook and chum.

(a) Designated harvesters may fish from the ADA-accessible site for anglers with lower extremity impairments, or who are visually impaired or blind, if room allows. However, anglers with lower extremity impairments, or who are visually impaired, have priority over others if the ADA-accessible site becomes overcrowded.

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REPEALER


The following section of the Washington Administrative Code is repealed effective February 1, 2012:


WAC 232-28-61900A Exceptions to statewide rules -- Fork Creek--Willapa River tributary and Satsop River--Bingham Creek.

Reviser's note: The typographical 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.

Washington State Code Reviser's Office