WSR 09-08-002

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-35 -- Filed March 18, 2009, 3:11 p.m. , effective March 20, 2009 ]


Effective Date of Rule: March 20, 2009.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900E; 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 original Enchantment Park Ponds now named "Blackbird Island Pond" has been reconstructed for use as both a hatchery steelhead acclimation pond and juvenile angler's pond. From mid March until June, the pond will be used for steelhead acclimation. After all steelhead have left the pond, the Washington department of fish and wildlife will stock trout to provide angling opportunity for juvenile anglers (under fifteen years of age) only. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 18, 2009.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900E   Exceptions to statewide rules -- Enchantment Park Ponds (Blackbird Island Pond).   Notwithstanding the provisions of WAC 232-28-619, effective March 20 through June 14, 2009, it is unlawful to fish in those waters of Enchantment Park Ponds, now known as Blackbird Island Pond.

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REPEALER


The following section of the Washington Administrative Code is repealed effective June 15, 2009:


WAC 232-28-61900E Exceptions to statewide rules -- Enchantment Park Ponds (Blackbird Island Pond).

Washington State Code Reviser's Office