WSR 19-13-094

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Filed June 18, 2019, 4:12 p.m., effective June 20, 2019]

Effective Date of Rule: June 20, 2019.

Purpose: Amends recreational fishing rules for Anderson Lake (Jefferson County).

Citation of Rules Affected by this Order: Amending WAC 220-312-040.

Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.12.045, 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: This rule is needed to close fishing activity in waters of Anderson Lake. Toxins produced from blue green algae blooms have risen far above safe levels for recreation. As a result, Washington state parks has closed the lake to all recreational access. Given the extreme danger of being in contact with toxins in the water, the Washington department of fish and wildlife is also closing the lake to fishing until further notice. Given the immediacy of the public welfare issue, an emergency rule is needed, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 18, 2019.

James B. Scott, Jr.

for Kelly Susewind

Director