WSR 08-12-020

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-120 -- Filed May 28, 2008, 3:31 p.m. , effective June 1, 2008 ]


Effective Date of Rule: June 1, 2008.

Purpose: Amend fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900Q; 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: A punctuation error during the last rule change cycle changed the legal interpretation of the rule (WAC) and inadvertently closed the lower North Fort Tieton River to all fishing downstream of Clear Lake Dam. This was not the intent of the permanent rule change adopted by the fish and wildlife commission in February. The 2008-09 fishing rule pamphlet reflects this error and shows the river downstream of Clear Lake Dam as closed. This emergency rule change temporarily corrects the problem for the 2008 fishing season until a permanent "housekeeping" correction can be adopted during the 2009-10 "minor" rule change cycle. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 28, 2008.

Loreva M. Preuss

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900Q   Exceptions to statewide rules -- Tieton River, North Fork (Yakima County).   Notwithstanding the provisions of WAC 232-28-619, effective June 1 through August 15, 2008, a person may fish for game fish in waters of the North Fork Tieton River, from Rimrock Lake to within 400' of Clear Lake Dam, including that portion of the river that flows through the dry lakebed. Statewide rules apply. Closed waters: Clear Lake spillway channel, and the North Fork Tieton River within 400' of Clear Lake Dam.

[]


REPEALER

The following section of the Washington Administrative Code is repealed effective August 16, 2008:


WAC 232-28-61900Q Exceptions to statewide rules -- Tieton River, North Fork (Yakima County).

Washington State Code Reviser's Office