WSR 13-01-077

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-286 -- Filed December 18, 2012, 1:25 p.m. , effective December 21, 2012, 7:00 a.m. ]


     Effective Date of Rule: December 21, 2012, 7:00 a.m.

     Purpose: Amend recreational fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900K; and amending WAC 232-28-619.

     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: This section of Tokul Creek is closed in the permanent regulations until January 15 to allow for winter steelhead broodstock collection at the Tokul Creek Hatchery. The Tokul Creek Hatchery facility has met its winter steelhead broodstock goals and remaining steelhead in Tokul Creek are available for harvest. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 18, 2012.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900K   Exceptions to statewide rules -- Tokul Creek.   Notwithstanding the provisions of WAC 232-28-619, effective December 21, 2012 through February 15, 2013, it is permissible to fish in waters of Tokul Creek from the Fish Hatchery Road Bridge to the posted cable boundary marker downstream of the hatchery intake. Anti-snagging rules are in effect. Trout minimum length is 14 inches. Unless otherwise provided, all other permanent rules remain in effect.

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REPEALER


     The following section of the Washington Administrative Code is repealed effective February 16, 2013:


WAC 232-28-61900K Exceptions to statewide rules -- Tokul Creek.