WSR 03-06-028

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-37 -- Filed February 25, 2003, 1:15 p.m. , effective March 1, 2003, 12:01 a.m. ]

     Date of Adoption: February 25, 2003.

     Purpose: Amend personal use 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.

     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 current rule, adopted in 2002, was contested by landowners in the affected area. A compromise proposal was approved for the 2003/2004 rules pamphlet, but does not take effect until May 1, 2003. The months of March and April in 2003, therefore, are not covered by this recent adoption. These changes will allow anglers the opportunity to harvest walleye above state Highway 17 during March and April. The gear restriction will reduce illegal harvest activities during the spring spawning run of walleye. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 1, 2003, 12:01 a.m.

February 25, 2003

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900K   Exceptions to statewide rules -- Crab Creek   Notwithstanding the provisions of WAC 232-28-619:

     (1) Effective 12:01 a.m. March 1, 2003 through April 30, 2003, it is lawful to fish for gamefish in those waters of Crab Creek and tributaries upstream of Highway 17 upstream to Grant County Road 7.

     (2) Effective 12:01 a.m. March 1, 2003 through April 30, 2003, terminal gear is restricted to one single hook measuring 3/4 inch or less from point to shank in those waters from Grant County Road 7 to the fountain buoy and shoreline markers or 150 feet downstream of the Alder Street fill, and from Moses Lake downstream to the confluence of the outlet streams.

[]


[REPEALER]


     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. May 1, 2003:


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

     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

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