EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: November 17, 1999.
Purpose: Personal use 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 77.12.040.
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: There will be unmarked hatchery steelhead returning to the Hoh River this winter. Only 44.4% of the 94,100 hatchery steelhead smolts planted into the Hoh River were adipose fin clipped. In order to target these unmarked hatchery fish in the sport fishery, an emergency regulation is necessary to allow sport fishers to keep steelhead that have their adipose fins intact, but have dorsal fins measuring 2 1/4-inches or less in height when fully extended. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Immediately.
November 17, 1999
J. P. Koenings
Director
by Larry Peck
Notwithstanding the provisions of WAC 232-28-619, effective November 17, 1999, through March 15, 2000, in the Hoh River and South Fork Hoh River, daily limit two trout, minimum length fourteen inches. During this period fishers may retain trout having either a clipped adipose or ventral fin with a healed scar at the fin clip site, or trout having an unmutilated dorsal fin measuring 2 1/4-inches or less in height when fully extended. After November 30, 1999, fishers may retain one trout per day with a dorsal fin greater than 2 1/4-inches in height in the mainstem Hoh downstream from the Highway 101 Bridge.
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The following section of the Washington Administrative Code is repealed effective 11:59 p.m. March 15, 2000:
| WAC 232-28-61900Z | Exceptions to statewide rules-Hoh River and South Fork Hoh. |