WSR 07-05-042

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-23 -- Filed February 15, 2007, 3:28 p.m. , effective March 1, 2007, 12:01 ]


     Effective Date of Rule: March 1, 2007, 12:01.

     Purpose: Amend personal use rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900Z; 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: Anchor (floy) tags were applied to steelhead during run-size determination and fish sampling operations at Priest Rapids Dam, these anchor (floy) and/or disk tagged hatchery-origin fish are no longer needed for monitoring purposes. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: February 15, 2007.

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900N   Exceptions to statewide rules -- Columbia River   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. February 17, 2007, until further notice, it is unlawful to violate the following provisions:

     1) For purposes of this section, "adipose-fin clipped steelhead" means steelhead with an adipose-fin clip and a healed scar at the site of the fin clip, whether or not any other fins are clipped or a healed scar is present at any other fin position.

     2) Columbia River from Rocky Reach Dam to 400 feet below Chief Joseph Dam - Night closure in effect. Daily limit may contain up to two adipose fin clipped steelhead.

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REPEALER


     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. February 17, 2007.


WAC 232-28-61900Z Exceptions to statewide rules -- Columbia River (06-268)

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