07-17-135

WSR 07-17-135

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-178 -- Filed August 20, 2007, 3:22 p.m. , effective September 1, 2007 ]

     Effective Date of Rule: September 1, 2007.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900M; and amending WAC 232-28-619.

     Statutory Authority for Adoption: RCW 77.12.047.

     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: Low numbers of fall chinook are expected to return to the Yakima River in 2007. Fall chinook are attracted to the discharge at the Chandler Powerhouse allowing anglers to harvest a higher proportion of the return than allocated for the fishery. In addition, this is a known location for illegal snagging despite a nonbuoyant lure restriction/night closure by permanent rule during the lower Yakima River fall salmon season. There is insufficient time to promulgate 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 20, 2007.

Loreva M. Preuss

for Jeff Koenings

Director

NEW SECTION
WAC 232-28-61900M   Exceptions to statewide rules--Yakima River.   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. September 1 through October 22, 2007, it is unlawful to fish in those waters of the Yakima River within 400 feet of the Chandler Power Plant.

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REPEALER

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. October 23, 2007:

WAC 232-28-61900M

Exceptions to statewide rules--Yakima River.