WSR 00-23-083

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-238 -- Filed November 17, 2000, 4:34 p.m. , effective November 18, 2000, 12:01 a.m. ]

Date of Adoption: November 17, 2000.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900H; 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: There will be unmarked hatchery steelhead returning to the Hoh River again this winter (2000/2001). Only 44.4% of the 94,100 hatchery steelhead smolts planted into the Hoh River in 1998 were adipose fin clipped because of difficulties encountered by the United States Fish and Wildlife Services. We calculate that about eight hundred fifty-six adult steelhead will return, in 2000/2001, from the 94,100 smolts planted in 1998. About four hundred eighty of those will be unmarked. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 18, 2000, 12:01 a.m.

November 17, 2000

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900H
Exceptions to statewide rules -- Hoh River and South Fork Hoh.

Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. November 18, 2000 through 11:59 p.m. March 16, 2001 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, 2000, 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 DNR Oxbow Campground boat launch.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 11:59 p.m. March 16, 2001:


WAC 232-28-61900H Exceptions to statewide rules -- Hoh River and South Fork Hoh.

© Washington State Code Reviser's Office