WSR 10-23-106

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-300 -- Filed November 16, 2010, 3:53 p.m. , effective November 16, 2010, 3:53 p.m. ]


Effective Date of Rule: Immediately.

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: Sufficient surplus of hatchery fish exists to provide opportunity for Americans with Disabilities [Act] (ADA)-only sport fishery. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 16, 2010.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900D   Exceptions to statewide rules -- Satsop River.   Notwithstanding the provisions of WAC 232-28-619, effective immediately through March 15, 2011:

(a) Persons with disabilities who permanently use a wheelchair and/or who have a designated harvester card under WAC 220-55-065 may fish from the ADA-accessible site at the Bingham Creek Hatchery, defined as those waters from Bingham Creek hatchery barrier dam on the East Fork Satsop River downstream 400 feet, provided such persons follow all applicable rules and regulations. Night closure and single point barbless hooks required.

(b) Designated harvesters may fish from the ADA-accessible site with persons with disabilities who permanently use a wheelchair and/or who have a designated harvester card, if room allows. However, persons with disabilities who permanently use a wheelchair have priority over others if the ADA-accessible site becomes overcrowded.

[]

Washington State Code Reviser's Office