WSR 09-17-043

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-165 -- Filed August 10, 2009, 3:34 p.m. , effective September 1, 2009, 12:01 a.m. ]


Effective Date of Rule: September 1, 2009, 12:01 a.m.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900Y; 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 (YN) has exclusive rights, secured by Article 3 of the Treaty of 1855, on the section of the Yakima River bordering the Yakama Reservation ("reservation boundary reach"). Washington department of fish and wildlife (WDFW) cannot legally open a salmon sport fishery in this reach without first securing concurrence with the YN. The YN has declined to open salmon sport fisheries in the boundary reach in 2009. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 10, 2009.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900Y   Exceptions to statewide rules--Yakima River.   Notwithstanding the provisions of WAC 232-28-619, effective September 1 through October 22, 2009, it is unlawful to fish for salmon in waters of the Yakima River from the Highway 223 Bridge at Granger to Sunnyside (Parker) Dam. Night closure and anti-snagging restrictions are not in effect at this time for all game fish species.

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective October 23, 2009:


WAC 232-28-61900Y Exceptions statewide rules--Yakima River.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office