WSR 09-02-039

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-321 -- Filed December 31, 2008, 9:54 a.m. , effective January 5, 2009 ]


Effective Date of Rule: January 5, 2008 [2009].

Purpose: Amend personal use fishing 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: Marblemount Hatchery has not been able to collect returning hatchery winter steelhead broodstock, and is in jeopardy of failing to meet egg-take goals. This fishing closure will help increase the number of hatchery winter steelhead returning to the Marblemount facility. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: December 31, 2008.

Loreva M. Preuss

for Philip Anderson

Acting Director


NEW SECTION
WAC 232-28-61900Y   Exceptions to statewide rules -- Cascade River.   Notwithstanding the provisions of WAC 232-28-619, effective January 5 through January 31, 2009, it is unlawful to fish in waters of the Cascade River that extend from the Rockport-Cascade Road downstream to the mouth.

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REPEALER


The following section of the Washington Administrative Code is repealed effective February 1, 2009:


WAC 232-28-61900Y Exceptions to statewide rules -- Cascade River.

Washington State Code Reviser's Office