WSR 12-12-050

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-101 -- Filed June 1, 2012, 11:12 a.m. , effective June 2, 2012 ]


Effective Date of Rule: June 2, 2012.

Purpose: Amend recreational 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: Upper Wheeler Reservoir is owned and operated by the Wenatchee Heights Reclamation District (WHRD) and has been closed to public access. Washington department of fish and wildlife has made arrangements with WHRD and the Wenatchee Valley Fly Fishers to grant public access to recreational anglers under "fly fishing only" regulations. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 1, 2012.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900B   Exceptions to statewide rules -- Upper Wheeler Reservoir.   Notwithstanding the provisions of WAC 232-28-619, effective June 2, 2012, until further notice, a person may fish in waters of Upper Wheeler Reservoir. Flying fishing only; trout: Catch and release only. Statewide minimum size and daily limits are in effect for all other game fish. Fishing from a floating device equipped with a motor is prohibited, and the two-pole endorsement is not valid.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office