WSR 08-13-005

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-133 -- Filed June 5, 2008, 2:04 p.m. , effective June 7, 2008 ]


Effective Date of Rule: June 7, 2008.

Purpose: Amend personal use fishing 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: Washington department of fish and wildlife estimates about one thousand six hundred nonendemic, hatchery origin, and between one hundred thirty-seven and two hundred fourteen natural origin spring chinook are expected to return to the Entiat River in 2008. Based upon these estimates, a selective fishery in the Entiat River is warranted to target nonendemic hatchery spring chinook that have been identified as a risk to the natural origin spring chinook in the Entiat River that are listed as endangered. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 5, 2008.

Loreva M. Preuss

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900Z   Exceptions to statewide rules -- Entiat River (Chelan Co.)   Notwithstanding the provisions of WAC 232-28-619, effective June 7 through July 15, 2008, a person may fish for salmon in those waters of the Entiat River from the Alternate Highway 97 Bridge, upstream approximately 6 miles to 400 feet downstream of the Entiat National Fish Hatchery discharge channel. Daily limit two hatchery Chinook salmon, minimum size 12 inches. Night closure, non-buoyant lure restriction, and single point barbless hooks required.

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REPEALER


The following section of the Washington Administrative Code is repealed effective July 16, 2008:


WAC 232-28-61900Z Exceptions to statewide rules -- Entiat River.

Washington State Code Reviser's Office