WSR 03-16-055

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-170 -- Filed July 31, 2003, 4:17 p.m. , effective August 2, 2003 ]

     Date of Adoption: July 31, 2003.

     Purpose: Amend personal use rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-21000A; and amending WAC 220-56-210.

     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: This change is being put into effect to protect the spawning chinook population while still providing recreational fishing opportunities on sea-run cutthroat and steelhead. With the low water conditions this year, chinook have become concentrated in the few pools that remain in the river. Water temperatures in the river during summer low flow water conditions may exceed 70 degrees, which causes thermal stress to the fish. Anglers are intentionally harassing/targeting the wild chinook using heavily weighted flies, many of the fish are being fouled hooked. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 2, 2003.

July 31, 2003

Jim Lux

for Jeff Koenings

Director


NEW SECTION
WAC 220-56-21000A   Fly fishing -- Definitions.   Notwithstanding the provisions of WAC 220-56-210, effective August 2 through September 30, 2003, it is unlawful to fish in the North Fork Stillaguamish River from the mouth to Swede Heaven Bridge with weight, including bead eyes, attached to the leader, line, or fly.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. October 1, 2003:


WAC 220-56-21000A Fly fishing -- Definitions.

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