WSR 02-10-062

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-85 -- Filed April 26, 2002, 11:57 a.m. , effective April 27, 2002, 12:01 a.m. ]

Date of Adoption: April 26, 2002.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 77.12.047.

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 earthen dam forming the Lewis River Power Canal breached at Swift No. 2 powerhouse draining most of the water from the canal trapping ESA-listed bull trout in isolated pools, making them vulnerable to incidental mortality. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: April 27, 2002, 12:01 a.m.

April 26, 2002

Jim Lux

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900G   Exceptions to statewide rules--Lewis River.   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. April 27, 2002 until further notice, it is unlawful to fish in those waters of The Lewis River Power Canal and Old Lewis River streambed between Swift powerhouse No. 1 and Swift No. 2.

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Washington State Code Reviser's Office