WSR 01-22-056

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-242 -- Filed November 1, 2001, 8:15 a.m. , effective November 1, 2001, 12:01 a.m. ]

     Date of Adoption: November 1, 2001.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: 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: Annual irrigation withdrawal, exacerbated by drought conditions in 2001 have reduced the Conconully Reservoir level to less than one-third its normal capacity. The 2001 hatchery plant schedule has been altered to reduce impact, but little remaining habitat will still not carry successfully through the winter the number of fish remaining. Winter fishing will help reduce the number of fish the reservoir needs to carry through the winter, and provide additional angler opportunity. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 1, 2001

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900A   Exceptions to statewide rules-Conconully Reservoir.   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. November 1, 2001 until further notice, it is lawful to fish for all gamefish in Conconully Reservoir, Okanogan County. Statewide Rules for minimum size and daily limit apply.

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