WSR 13-09-003

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 13-58 -- Filed April 4, 2013, 9:39 a.m. , effective April 27, 2013 ]


     Effective Date of Rule: April 27, 2013.

     Purpose: Amend recreational fishing rules.

     Citation of Existing Rules Affected by this Order: 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: Under existing permanent regulations, Swift Reservoir opens for fishing the fourth Saturday in April. Under rules recently adopted by the fish and wildlife commission, the reservoir would have been closed from May 1, 2013, until the first Saturday in June. The newly adopted permanent regulation was predicated on the assumption that salmon and steelhead reintroduction efforts would have progressed to the point of significant numbers of downstream smolts migrating through the reservoir through the month of May. However, due to delays, adult reintroduction efforts and smolt production are just getting under way. There is no need to close the reservoir in May of this year. The fishery can proceed under the traditional opening date. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 4, 2013.

Joe Stohr

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900G   Freshwater exceptions to statewide rules -- Swift Reservoir   Notwithstanding the provisions of WAC 232-28-619, effective April 27, 2013, until further notice, in waters of Swift Reservoir from Swift Dam to Eagle Cliff Bridge, it is permissible to fish for game fish and salmon. The trout daily limit is five, except that all bull trout must be released. Landlocked rules are in effect (salmon count towards the trout daily limit) and all salmon longer than 15 inches in length must be released. Two poles are not allowed, and selective rules apply from the posted markers approximately 3/8-mile below Eagle Cliff Bridge to the bridge.

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