WSR 09-20-082

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-220 -- Filed October 6, 2009, 12:57 p.m. , effective October 7, 2009 ]


Effective Date of Rule: October 7, 2009.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: 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: A large number of hatchery steelhead are returning to the Columbia and Snake River basins. Only a small number of these returning hatchery steelhead are needed for broodstock purposes, therefore all excess hatchery steelhead can be harvested. Removal of excess hatchery steelhead will reduce potential adverse effects on Endangered Species Act listed wild steelhead. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 6, 2009.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900T   Exceptions to statewide rules -- Grande Ronde and Snake rivers.   Notwithstanding the provisions of WAC 232-28-619, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules and closed areas in WAC 232-28-619 remain in effect:

(1) Grande Ronde River - from the County Road Bridge to the Oregon state line, effective 12:01 a.m. October 7, 2009, until further notice, special daily limit of five hatchery steelhead.

(2) Snake River - from the mouth upstream to the Oregon border (including the boundary waters with Idaho). Effective 12:01 a.m. October 7, 2009, until further notice, special daily limit of five hatchery steelhead; except only three may be equal to or greater than 32 inches in length.

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Washington State Code Reviser's Office