WSR 98-24-016

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-238--Filed November 20, 1998, 4:38 p.m., effective December 1, 1998, 12:01 a.m.]



Date of Adoption: November 20, 1998.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900A; and amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 77.12.040.

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: The 1998-99 wild winter steelhead return is expected to be well below desired escapement. The preliminary wild runsize forecast is 1,349 fish, while 200 fish are required to adequately seed the basin. This regulation change would afford additional protection to the wild fish, allowing a greater number to survive to spawn. There is insufficient time to promulgate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: December 1, 1998, 12:01 a.m.

November 20, 1998

Larry Peck

Acting Director



NEW SECTION



WAC 232-28-61900A  Exceptions to statewide rules. Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. December 1, 1998 through January 31, 1999, it is unlawful to retain wild steelhead in those waters of the Puyallup and Carbon Rivers.



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REPEALER



The following section of the Washington Administrative Code is repealed effective 11:59 p.m. January 31, 1999:



WAC 232-28-61900A Exceptions to statewide rules

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