WSR 08-11-052

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-112 -- Filed May 16, 2008, 9:08 a.m. , effective May 17, 2008 ]


     Effective Date of Rule: May 17, 2008.

     Purpose: Amend fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900N; 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: In the Cowlitz River through May 13, just 117 hatchery adult spring chinook had returned to the salmon hatchery. The hatchery brood stock goal is a minimum of 1,150 fish. In the Kalama River through May 12, just 4 hatchery adult spring chinook had returned to the salmon hatchery. The hatchery brood stock goal is 450 fish. In addition, up to 500 fish are needed for natural spawning above the hatchery. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 16, 2008.

Loreva M. Preuss

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900N   Exceptions to statewide rules -- Cowlitz and Kalama rivers.   Notwithstanding the provisions of WAC 232-28-619, effective May 17 through July 31, 2008, it is unlawful to retain Chinook salmon in the following waters:

     (1) Cowlitz River - from boundary markers at the mouth to Mayfield Dam

     (2) Kalama River - from boundary markers at the mouth to the upper salmon hatchery.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective August 1, 2008:


WAC 232-28-61900N Exceptions to statewide rules -- Cowlitz and Kalama rivers.

© Washington State Code Reviser's Office