WSR 09-15-007

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-130 -- Filed July 1, 2009, 4:30 p.m. , effective July 1, 2009, 4:30 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900J; and amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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 Yakama Nation and Washington department of fish and wildlife are beginning the reintroduction of anadromous sockeye salmon in the upper Cle Elum Basin with the transfer to Cle Elum Lake of 1,000 adult sockeye salmon trapped at Priest Rapids Dam on the Columbia River. A percentage of the fish will be released with radio-tags so they can be tracked in the lake to understand their prespawning behavior and their behavior later this fall when they migrate into the upper Cle Elum River to select spawning habitat. Few anadromous sockeye will be smaller than sixteen inches, and few landlocked kokanee are greater than twelve inches; therefore a fourteen inch size threshold will allow the kokanee fishery to proceed this summer without inadvertently harvesting valuable sockeye dedicated to the reintroduction effort. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 1, 2009.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900J   Exceptions to statewide rules -- Cle Elum Lake (Reservoir).   Notwithstanding the provisions of WAC 232-28-619, effective immediately through October 28, 2009, in waters of Cle Elum Lake, the maximum size for kokanee is 14 inches in length.

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REPEALER


The following section of the Washington Administrative Code is repealed effective October 29, 2009:


WAC 232-28-61900J Exceptions to statewide rules -- Cle Elum Lake.

Washington State Code Reviser's Office