WSR 00-21-070

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-214 -- Filed October 16, 2000, 4:58 p.m. ]

Date of Adoption: October 16, 2000.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 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: Because of conservation concerns, the Little Spokane River above the West Branch (above Fridegar Road) and Chain Lake are both currently closed to the harvest of kokanee. However, during the winter season, there is considerable incidental catch and illegal harvest of these fish. Closing the lake during the winter months will offer another measure of protection to these fish. Fishing pressure within this reach of stream is contributing to impacts upon this sensitive stock of kokanee, particularly during fall spawning activities. Closing a small section of the Little Spokane River will offer another measure of protection to these fish, which appear to be a unique stock of kokanee within the Little Spokane River system. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Immediately.

October 16, 2000

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900D
Exceptions to statewide rules. (Chain Lake, Little Spokane River.)

Notwithstanding the provisions of WAC 232-28-619:

(1) Effective November 1, 2000 until further notice those waters of Chain Lake are closed to fishing.

(2) Effective immediately until further notice those waters of the Little Spokane River from the inlet to Chain Lake upstream approximately 1/4 mile to the railroad crossing culvert are closed to fishing.

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Washington State Code Reviser's Office