WSR 07-12-016

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-94 -- Filed May 25, 2007, 2:36 p.m. , effective May 25, 2007, 2:36 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900J and 232-28-61900L; 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: Moving the closure up 400 feet will prevent anglers from fishing in the Wenatchee River and catching Endangered Species Act (ESA) listed upper Columbia River spring chinook. Although upper Columbia spring chinook have been listed as endangered under the ESA, the salmon returning to the Icicle River are Carson River stock fish that are not listed as endangered. About 1,000 salmon are needed to meet hatchery broodstock needs. The quantity of salmon returning in 2007 ensures that the hatchery will meet their escapement needs; the remaining fish will be available for harvest. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 24, 2007.

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900L   Exceptions to statewide rules -- Icicle River (Chelan Co.)   Notwithstanding the provisions of WAC 232-28-619, effective immediately through July 31, 2007, it is lawful to fish for salmon in those waters of the Icicle River from the closure signs located 800 feet upstream of the mouth to 500 feet downstream of the Leavenworth National Fish Hatchery Rack; downstream to a point 400 feet upstream of the mouth of the Icicle River. Daily limit, two salmon; minimum size, 12 inches. Night closure and non-buoyant lure restrictions in effect.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900J Exceptions to statewide rules -- Icicle River (Chelan Co.) (07-91)

The following section of the Washington Administrative Code is repealed, effective August 1, 2007:


WAC 232-28-61900L Exceptions to statewide rules -- Icicle River (Chelan Co.)

Washington State Code Reviser's Office