EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: November 18, 1999.
Purpose: Personal use rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-57-50200B and 232-28-61900A; and amending WAC 220-57-502 and 232-28-619.
Statutory Authority for Adoption: RCW 75.08.080 and 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: During periods of high tide, salmon move into the section of the creek between the Dupont Bridge and the yellow markers, but when the tide goes out the fish are confined and vulnerable to illegal activity in the one pool of deeper water in the section. Enforcement staff indicates people are snagging salmon confined in this pool area when the tide goes out. Closing this portion of the creek, from the foot bridge below Dupont Street Bridge downstream to yellow markers, to all angling, salmon and game fish, will eliminate this disorderly fishing problem. It will still allow salmon angling opportunity downstream of the yellow markers, and game fish angling in other designated open waters. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 18, 1999
J. P. Koenings
Director
by Larry Peck
Notwithstanding the provisions of WAC 220-57-502, effective immediately through December 31, 1999, it is unlawful to fish for or possess salmon taken upstream of yellow markers located immediately downstream of the foot bridge below Dupont Street Bridge in Bellingham.
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Notwithstanding the provisions of WAC 232-28-619, effective immediately through December 31, 1999, it is unlawful to fish for or possess game fish in those waters of Whatcom Creek from the foot bridge below Dupont Street in Bellingham to the yellow markers located immediately downstream of the foot bridge below Dupont Street.
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The following sections of the Washington Administrative Code
are repealed effective 11:59 p.m. December 31, 1999:
| WAC 220-57-50200B | Whatcom Creek. |
| WAC 232-28-61900A | Exceptions to statewide rules. |