WSR 98-06-039

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-28--Filed February 26, 1998, 3:51 p.m., effective March 11, 1998, 12:01 a.m.]

Date of Adoption: February 25, 1998.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-28500N; and amending WAC 220-56-285.

Statutory Authority for Adoption: RCW 75.08.080.

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 rule will close the sport shad fishery to protect predicted poor returns of spring chinook salmon. The primary shad migration time frame does not begin until mid-May. This rule is consistent with actions of the joint Washington/Oregon state hearing on sport fisheries on January 29, 1998, and is consistent with requirements of the Endangered Species Act. There is insufficient time to promulgate permanent regulations.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: March 11, 1998, 12:01 a.m.

February 25, 1998

Bern Shanks

Director

NEW SECTION

WAC 220-56-28500N Shad--Areas and seasons. Notwithstanding the provisions of WAC 220-56-285, effective 12:01 a.m. March 11, 1998 through May 15, 1998 it is unlawful to take, fish for or possess shad in those waters of the Columbia River from Bonneville Dam downstream to the mouth.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 11:59 p.m. May 15, 1998: