WSR 02-18-057

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-213 -- Filed August 28, 2002, 4:35 p.m. ]

Date of Adoption: August 28, 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 in the spring of 2002, draining most of the water from the canal. It is no longer appropriate to manage it as a "lake," and we will no longer be stocking this area with trout. Access to this area is restricted due to safety concerns. This rule is interim until permanent rules are adopted in September 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

August 28, 2002

B. J. Bjork

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900I   Exceptions to statewide rules--Lewis River   Notwithstanding the provisions of WAC 232-28-619, effective immediately 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