WSR 12-08-012

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-43 -- Filed March 23, 2012, 2:32 p.m. , effective March 24, 2012 ]


Effective Date of Rule: March 24, 2012.

Purpose: Amend recreational 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: Steelhead in excess of hatchery broodstock needs are expected to be available for harvest. Opening Abernathy and Germany creeks provides additional recreational fishing opportunity. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 23, 2012.

Joe Stohr

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900I   Exceptions to statewide rules -- Abernathy and Germany creeks.   Notwithstanding the provisions of WAC 232-28-619, effective March 24 through April 30, 2012, it is permissible to fish for and retain hatchery steelhead in the following waters:

(1) Abernathy Creek - From the mouth (Hwy. 4 Bridge) to posted markers 500 feet below Abernathy Salmon Hatchery. Closed waters 400 feet downstream to 200 feet upstream of the temporary WDFW adult fish weir near the mouth. Daily limit of two hatchery steelhead. Selective gear rules are in effect.

(2) Germany Creek - From the mouth to the end of Germany Creek Road (approximately 5 miles). Daily limit of two hatchery steelhead. Selective gear rules are in effect.

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REPEALER


The following section of the Washington Administrative Code is repealed effective May 1, 2012:


WAC 232-28-61900I Exceptions to statewide rules -- Abernathy and Germany creeks.

Washington State Code Reviser's Office