WSR 11-01-093

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-315 -- Filed December 15, 2010, 9:41 a.m. , effective December 15, 2010, 9:41 a.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-56-270.

     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: Eulachon smelt are listed under the Endangered Species Act as "threatened." There are no harvestable populations within the state and the statewide closure will provide additional protection. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: December 15, 2010.

Philip Anderson

Director


NEW SECTION
WAC 220-56-27000I   Smelt -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-270, effective immediately until further notice, it is unlawful to fish for or possess Thaleichthys pacificus (Eulachon or Columbia River smelt).

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