WSR 10-09-042

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-81 -- Filed April 14, 2010, 4:16 p.m. , effective April 30, 2010, 12:01 a.m. ]


Effective Date of Rule: April 30, 2010, 12:01 a.m.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900B; 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: This rule change is necessary to ensure a safe and successful event. The fish will be planted one day prior to the event to better acclimate them before the event. Fish will be placed into a netted area along the shoreline of the pond. On the day of the event, participants will be allowed to fish within these netted areas. Keeping the pond closed until May 2, 2010, is to ensure the safety of the public as well as the event participants while the event is shutting down and equipment and nets are being removed. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 14, 2010.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 232-28-61900B   Exceptions to statewide rules -- Klineline Pond.   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. April 30 through 12:01 a.m. May 2, 2010, it is unlawful to fish in those waters of Klineline Pond, except as provided in this section:

(a) Open to fishing 8:00 a.m. to 1:30 p.m. May 1, 2010, in the netted area, for participants in the Hooked on Fishing event.

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. May 2, 2010:


WAC 232-28-61900B Exceptions to statewide rules -- Klineline Pond.

Washington State Code Reviser's Office