WSR 08-17-023

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-196 -- Filed August 11, 2008, 4:29 p.m. , effective August 12, 2008, 12:01 a.m. ]


Effective Date of Rule: August 12, 2008, 12:01 a.m.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-62100D and 232-28-62100E; and amending WAC 232-28-621.

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: Catch rates in Area 9 were less than projected and additional hatchery chinook are available for harvest while staying below preseason ESA impact guidelines and without exceeding the 7,000 fish quota for Area 9 and 10. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 11, 2008.

Phil Anderson

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-62100E   Puget Sound salmon seasons -- 2008 North of Falcon.   Notwithstanding the provisions of WAC 232-28-621, effective 12:01 a.m. August 12, 2008 until further notice, it is unlawful to fish for salmon in Puget Sound except as provided for in this section, provided that unless otherwise amended, all permanent rules remain in effect:

Area 9:

(a) Salmon fishing open year-round from the Edmonds fishing pier. Daily limit 2 salmon, not more than one of which may be a Chinook, release chum.

(b) Effective immediately until further notice - All other waters of Area 9 open until further notice, daily limit 2 salmon, except release chum, wild coho, and wild Chinook. Closed south of a line from Foulweather Bluff to Olele Point.

[]


REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. August 12, 2008:


WAC 232-28-62100D Exceptions to statewide rules -- Puget Sound salmon seasons -- 2008 North of Falcon. (08-193)

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. August 16, 2008:


WAC 232-28-62100E Exceptions to statewide rules -- Puget Sound salmon seasons -- 2008 North of Falcon.

Washington State Code Reviser's Office