WSR 02-15-037

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-150 -- Filed July 11, 2002, 12:55 p.m. , effective July 16, 2002, 12:01 a.m. ]

Date of Adoption: July 10, 2002.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900Y; 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 Washington Department of Fish and Wildlife and the Lower Elwha Tribe agreed, during the North of Falcon/PFMC process, that the Elwha River, in the area described above, would be closed to provide additional protection to the ESA listed "threatened" Elwha Chinook stock. A closure will eliminate the potential incidental mortality (or "take") associated with catch and release of these fish in the sport fishery. It will also discourage poaching activity since the area will be closed. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 16, 2002, 12:01 a.m.

July 10, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900Y   Exceptions to statewide rules--Elwha River (Clallam County)   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. July 16 through September 30, 2002 it is unlawful to fish in those waters of the Elwha River upstream to marker at outfall of WDFW rearing channel (approximately 3.2 miles).

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REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. October 1, 2002:


WAC 232-28-61900Y Exceptions to statewide rules -- Elwha River (Clallam County).

Washington State Code Reviser's Office