WSR 12-14-018

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-121 -- Filed June 21, 2012, 3:11 p.m. , effective July 1, 2012 ]


Effective Date of Rule: July 1, 2012.

Purpose: Amend recreational fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900R; 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: Several fish marking programs are currently being conducted by the Washington department of fish and wildlife (WDFW), the Yakama Nation, and the Colville Confederated Tribes that will study survival and migration patterns within the Columbia River system. Radio and/or acoustic tags will be placed inside chinook and sockeye salmon and will be identified by a colored external floy (anchor) tag below the dorsal fin. In addition, fish will also be identified with one or more round holes (approximately 1/4 inch in diameter) punched in the caudal (tail) fin. The success of these studies will be dependent upon the angler's ability to recognize these tags and to release the fish as quickly as possible. In addition, these fish are part of a study and have been anesthetized; the FDA requires a twenty-one day ban on consumption of these fish. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 21, 2012.

Joe Stohr

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900R   Exceptions to statewide rules -- Columbia, Okanogan and Similkameen rivers.   Notwithstanding the provisions of WAC 232-28-619, effective July 1 through October 15, 2012, in waters of the Columbia River from Priest Rapids Dam upstream to Chief Joseph Dam, including the Similkameen and Okanogan Rivers, release all chinook and sockeye with external floy tags and/or with one or more holes (round, approximately 1/4 inch diameter) punched in the caudal (tail) fin.

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REPEALER


The following section of the Washington Administrative Code is repealed effective October 16, 2012:


WAC 232-28-61900R Exceptions to statewide rules -- Columbia, Okanogan and Similkameen rivers.

Washington State Code Reviser's Office