11-19-034

WSR 11-19-034

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-234 -- Filed September 9, 2011, 4:00 p.m. , effective September 12, 2011 ]

     Effective Date of Rule: September 12, 2011.

     Purpose: Amending recreational fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900Z; 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: A high percentage of Endangered Species Act listed spawning spring chinook are being impacted by anglers that are trout fishing. There is evidence of very high prespawn mortality rates due to the associated handling. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 9, 2011.

Joe Stohr

for Philip Anderson

Director

NEW SECTION
WAC 232-28-61900Z   Exceptions to statewide rules -- Kendall Slough, North Fork Nooksack River.   Notwithstanding the provisions of WAC 232-28-619, effective September 12 through September 30, 2011, it is unlawful to fish in waters of Kendall Slough from the mouth of Kendall Creek (Kendall Creek Hatchery outlet) to markers at the mouth of Kendall Slough.

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REPEALER

     The following section of the Washington Administrative Code is repealed effective October 1, 2011:

WAC 232-28-61900Z

Exceptions to statewide rules -- Kendall Slough, North Fork Nooksack River.