WSR 10-20-087

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-264 -- Filed September 30, 2010, 8:52 a.m. , effective October 1, 2010 ]


     Effective Date of Rule: October 1, 2010.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900L; 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 has initiated a fish counting project in the upper section of the lower Elwha River, and the area is also needed for collection of chinook broodstock. The number of Endangered Species Act listed chinook returning to the Elwha River is down this year, making broodstock collection more difficult. Closing this section of river will help minimize disturbances to the spawning fish and facilitate more efficient broodstock collection. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 30, 2010.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900L   Exceptions to statewide rules -- Elwha River.   Notwithstanding the provisions of WAC 232-28-619, effective October 1 through November 15, 2010, it is unlawful to fish in those waters of the Elwha River from the lower Elwha Dam downstream to the new bridge on Elwha River Road.

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REPEALER


     The following section of the Washington Administrative Code is repealed effective November 16, 2010:


WAC 232-28-61900L Exceptions to statewide rules -- Elwha River.

© Washington State Code Reviser's Office