FISH AND WILDLIFE
[Order 98-253--Filed December 23, 1998, 3:39 p.m., effective December 24, 1998, 12:01 a.m.]
Date of Adoption: December 21, 1998.
Purpose: Commercial fishing rules.
Citation of Existing Rules Affected by this Order: Amending WAC 220-33-040.
Statutory Authority for Adoption: RCW 75.08.080.
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: The smelt return to the Columbia River Basin is expected to be poor in 1999. Season is reduced from seven days/week to one twelve-hour period per week to provide information on relative abundance and impacts to spawning escapement is expected to be very minor. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: December 24, 1998, 12:01 a.m.
December 21, 1998
Sara G. LaBorde
for Larry Peck
WAC 220-33-04000H Smelt--Areas and seasons. Notwithstanding the provisions of WAC 220-33-040, effective 12:01 a.m. December 24, 1998, until further notice it is unlawful to take, fish for or possess smelt taken for commercial purposes, except as provided in this section:
Dates: Wednesdays, from 7:00 a.m. to 7:00 p.m. December 30, 1998 through February 10, 1999
Area: Salmon Management and Catch Reporting Areas 1A, 1B, 1C, 1D and 1E.
Gear: Gillnets, dipnets and trawl nets.
Allowable sales: Smelt.
Sanctuaries: Standard river mouth sanctuaries.