WSR 07-19-045

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-218 -- Filed September 13, 2007, 4:10 p.m. , effective September 13, 2007, 4:10 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend sportfishing fishing rules.

Citation of Existing Rules Affected by this Order: 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: This regulation is needed because a large volume of water was released from Lacamas Lake Dam to facilitate maintenance work on the dam. This short-term flow increase is many times the normal summer low flow and has resulted in attracting a large number of fall chinook into the stream, which normally does not occur. The presence of fall chinook has created an enforcement problem due to the large influx of anglers, most of which are fishing illegally (snagging). Many of these anglers claim to be fishing for steelhead because the stream is currently open for gamefish. There are no significant numbers of steelhead in Lacamas Creek this time of year, therefore we need to close the stream to all fishing until fall chinook move out of the area.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 13, 2007.

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900V   Exceptions to statewide rules -- Lacamas Creek (Clark County).   Notwithstanding the provisions of WAC 232-28-619, effective immediately until further notice, it is unlawful to fish in the waters of the Lacamas Creek from the mouth upstream to Lacamas Lake Dam.

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Washington State Code Reviser's Office