WSR 98-18-051

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-179--Filed August 28, 1998, 3:59 p.m., effective September 1, 1998, 12:01 a.m.]

Date of Adoption: August 28, 1998.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-57-53000A and 232-28-61900V; and amending WAC 220-28-619.

Statutory Authority for Adoption: RCW 75.08.080 and 77.12.040.

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: The projected 1998 run size over McNary is 70,700 which surpasses the escapement goal at McNary by 24,700 fish. This regulation is consistent with proposing and implementing a sport fishery related to United States v. Oregon management agreements. There is insufficient time to promulgate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, amended 0, repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: September 1, 1998, 12:01 a.m.

August 28, 1998

Larry Peck

for Bern Shanks

Director

NEW SECTION

WAC 220-57-53000A  Yakima River. Special daily limit of two chinook salmon - September 1 through October 31, 1998: Downstream from the Chandler powerhouse outfall approximately eight miles below Prosser Dam. Selective gear rules required.

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NEW SECTION

WAC 232-28-61900V  Exceptions to state-wide rules--Yakima River. Notwithstanding the provisions of WAC 232-28-619, effective September 1 through October 31, 1998: All species - selective gear rules in those waters of the Yakima River downstream from the Chandler powerhouse outfall approximately eight miles below Prosser Dam.

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REPEALER

The following sections of the Washington Administrative Code are repealed effective 11:59 p.m. October 31, 1998:

WAC 220-57-53000A Yakima River.

WAC 232-28-61900V Exceptions to state-wide rules--Yakima River.