11-01-038

WSR 11-01-038

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-308 -- Filed December 6, 2010, 1:58 p.m. , effective December 8, 2010 ]

     Effective Date of Rule: December 8, 2010.

     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: Returns of hatchery and natural-origin summer-run steelhead to the upper Columbia River have far exceeded the run criteria of 9,300 counted over Priest Rapids Dam that are required to open a conservation-based fishery under the Endangered Species Act. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 6, 2010.

Joe Stohr

for Philip Anderson

Director

NEW SECTION
WAC 232-28-61900H   Exceptions to statewide rules -- Columbia River.   Notwithstanding the provisions of WAC 232-28-619, effective December 8, 2010, until further notice, a person may fish for steelhead in waters of the Columbia River from the Highway 24 Bridge (Vernita Bridge) upstream to Priest Rapids Dam. Daily limit is two hatchery steelhead; minimum size is 20 inches in length.

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