WSR 09-16-113

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-160 -- Filed August 4, 2009, 1:23 p.m. , effective August 7, 2009, 12:01 a.m. ]


     Effective Date of Rule: August 7, 2009, 12:01 a.m.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-62100F and 232-28-62100G; and amending WAC 232-28-621.

     Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

     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: Wild fish mortalities have exceeded preseason expectations in Catch Record Card Areas 5 and 6. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 4, 2009.

Philip Anderson

Director


NEW SECTION
WAC 232-28-62100G   Puget Sound salmon seasons.   Notwithstanding the provisions of WAC 232-28-621, and WAC 220-56-195, effective 12:01 a.m. August 7, 2009 until further notice, it is unlawful to fish for salmon in Puget Sound except as provided for in this section, provided that unless otherwise amended, all permanent rules remain in effect:

     (1) Area 5: - Open immediately until further notice, daily limit 2 salmon, plus 2 additional pink, except release chum, Chinook, and wild coho.

     (2) Area 6: - Open immediately until further notice, daily limit 2 salmon, plus 2 additional pink, except release chum, Chinook, and wild coho.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. August 7, 2009:


WAC 232-28-62100F Puget Sound salmon seasons -- 2009 North of Falcon. (09-69)

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. August 16, 2009:


WAC 232-28-62100G Puget Sound salmon seasons.

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