WSR 02-06-099

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-40 -- Filed March 4, 2002, 4:46 p.m. , effective March 6, 2002, 12:01 a.m. ]

Date of Adoption: March 4, 2002.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900V; and 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: The winter whitefish season allows the use of bait, with a 3/16 (Sz. 14) hook size. However, anglers have been targeting steelhead under the guise of fishing for whitefish in the area downstream from the confluence of the Methow River and Gold Creek. Since steelhead are listed under the Endangered Species Act as endangered, any directed fishery is strictly prohibited, excluding the Okanogan and Similkameen rivers. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 6, 2002, 12:01 a.m.

March 4, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900V   Exceptions to statewide rules -- Methow River.   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. March 6, 2002 through March 31, 2002, those waters of the Methow River downstream from the confluence with Gold Creek are closed to fishing.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. April 1, 2002:


WAC 232-28-61900V Exceptions to statewide rules -- Methow River.

Washington State Code Reviser's Office