WSR 05-24-097


[ Filed December 7, 2005, 9:09 a.m. ]


RCW 34.05.350(3)

     Pursuant to RCW 34.05.330(3), you are hereby notified for publication in the Washington State Register that:

     On November 22, 2005, the Governor received an appeal from James Brummett of Lacey, Washington, relating to the Department of Fish & Wildlife's rule contained in WAC 220-56-11600B.

December 2, 2005

James L. Brummett

6247 - 54th Ave. SE

Lacey, WA 98513

RE:     RCW 34.05.350 Petition of Emergency Rule WAC 220-56-11600B

Dear Mr. Brummett:

With respect to your above-noted petition to review the Department of Fish and Wildlife's (Department) adoption of emergency rule WAC 220-56-11600B (saltwater hook rules), I have reviewed the Department's actions and respond as follows:

     1)     The Department adopted the emergency rule (WAC 220-56-11600A) in June 2006 because it determined that the current rule (WAC 220-56-115) was unenforceable as written. WAC 220-56-115 could only be enforced if the Department specified what barbless fishing hooks could and could not be used in the specified Catch Record Card areas.

     2)     Consistent with RCW 34.05.350(2), the Department adopted a second emergency rule (WAC 220-56-11600B), because the first emergency rule expired after it had commenced permanent saltwater hook rule-making procedures.

     3)     During the November 19, 2005, Fish and Wildlife Commission meeting, the public was invited to comment on the permanent saltwater hook rule.

After reviewing your petition, I have determined that the Department acted consistently with the Administrative Procedure Act, and did not act arbitrarily or capriciously. As a result, I am denying your petition to me.


Christine O. Gregoire