WSR 07-15-020

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-141 -- Filed July 11, 2007, 1:48 p.m. , effective July 11, 2007, 1:48 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900C; 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 emergency rule was needed to provide the option for Washington department of fish and wildlife (WDFW) to use MS-222 to anesthetize summer chinook for stock assessment and broodstock purposes. We are currently using CO2 but were unsure if its efficacy on large summer chinook, hence the option for MS-222. WDFW staff are now sufficiently confident in the efficacy of CO2 where we do not anticipate the need for MS-222; therefore the emergency rule excluding tagged chinook from the harvest is no longer needed. A Colville tribal/WDFW summer chinook selective capture gear study will be relying upon captured tags in the harvest for evaluation purpose; therefore, the existing emergency rule would be in conflict with Colville tribal/WDFW summer chinook selective capture gear evaluation.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 11, 2007.

J. P. Koenings

Director


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900C Exceptions to statewide rules -- Columbia and Okanogan rivers. (07-135)

Washington State Code Reviser's Office