WSR 14-07-012 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 14-39—Filed March 6, 2014, 3:21 p.m., effective March 7, 2014]
Effective Date of Rule: March 7, 2014.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900E and 220-310-19500B; and amending WAC 232-28-619.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, and 77.12.047.
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 returns to the Tucannon River are not meeting management goals for conservation or for maintaining fisheries and, therefore, the fishery for hatchery steelhead must be constrained to provide more protection for naturally produced steelhead in the Tucannon River. A large component of Tucannon River wild steelhead enters the river in March. The incidental impact to wild steelhead from a recreational fishery is anticipated to increase to unacceptable levels in March. The intent of the recreational fishery is to focus on removal of stray hatchery steelhead that primarily enter the Tucannon River in late summer and fall to prevent them from spawning naturally. There is insufficient time to adopt permanent rules. Recent changes to rules repealed WAC 232-28-619 and split the rule into new WAC sections. Changes to WAC 232-28-619 were needed because the rule was too long, not clearly written or structured. The public will be able to locate and understand requirements more easily because the requirements will be better organized and clearly structured. This emergency rule is to ensure previously adopted emergency rules provisions remain effective. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.
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 6, 2014.
Philip Anderson
Director
NEW SECTION
WAC 220-310-19500B Exceptions to statewide rules—Tucannon River.
Notwithstanding the provisions of WAC 220-310-195, effective immediately through June 6, 2014, it is unlawful to fish in the waters of the Tucannon River.
REPEALER
The following section of the Washington Administrative Code is repealed:
The following section of the Washington Administrative Code is repealed effective June 7, 2014:
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