WSR 10-12-040

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-133 -- Filed May 25, 2010, 3:45 p.m. , effective May 26, 2010 ]


Effective Date of Rule: May 26, 2010.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900F; 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: Washington department of fish and wildlife (WDFW) estimates over eight hundred hatchery origin spring chinook are expected to return to the Entiat River in 2010. WDFW believes a selective fishery to remove excess hatchery spring chinook is warranted to increase the proportion of wild spring chinook on the spawning grounds as detailed in WDFW's ESA Section 10 Application for Permit 1554. No salmon are needed to meet hatchery broodstock objectives. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 25, 2010.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900F   Exceptions to statewide rules -- Entiat River (Chelan Co.)   Notwithstanding the provisions of WAC 232-28-619, effective May 26 through June 30, 2010, a person may fish for salmon in those waters of the Entiat River from the Alternate Highway 97 Bridge, upstream approximately 6 miles to 800 feet downstream of the Entiat National Fish Hatchery fish ladder entrance. Daily limit, two hatchery Chinook salmon, minimum size 12 inches. The anti-snagging rule and a night closure will be in effect, knotless nets are required, and fishing from motorized boats is prohibited.

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REPEALER


The following section of the Washington Administrative Code is repealed effective July 1, 2010:


WAC 232-28-61900F Exceptions to statewide rules -- Entiat River.

Washington State Code Reviser's Office