WSR 99-11-002

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-55-- Filed May 6, 1999, 3:17 p.m. , effective May 17, 1999, 4:00 a.m. ]

Date of Adoption: May 4, 1999.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-03000M; and amending WAC 220-33-030.

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: This regulation sets the standard shad commercial fishery in the lower Columbia River. Harvestable numbers of shad are expected in 1999. This rule is consistent with actions of the Columbia River Compact hearing of January 28, 1999, and is consistent with requirements of the ESA. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 17, 1999, 4:00 a.m.

May 4, 1999

Larry W. Peck

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-33-03000M
Commercial shad--Columbia River

Notwithstanding the provisions of WAC 220-33-030, it is unlawful to take, fish for or possess shad taken for commercial purposes except as provided for in this section:


FISHING PERIODS


1)Shad Area 2S is open daily, 3 p.m. to 10 p.m. from:
May 24 - May 28, 1999
June 1 - June 4, 1999
June 7 - June 11, 1999
June 14 - June 18, 1999
June 21 - June 25, 1999

2)The Camas-Washougal Reef Area is open weekly, 4 a.m. Mondays to midnight Fridays from:
May 17 - May 21, 1999
May 24 - May 28, 1999
June 1 - June 4, 1999
June 7 - June 11, 1999
June 14 - June 18, 1999
June 21 - June 25, 1999
June 28 - June 29, 1999

Gear: Gill net gear may be used to fish for shad as provided in WAC 220-33-030(1), except that in Area 2S the net may not exceed 150 fathoms in length nor 40 meshes in depth and that in the Camas-Washougal Reef Area the webbing of the gear may be constructed of mesh having a breaking strength of less than 30 pounds.

Allowable Sale During the fishing periods provided in this section, only shad may be kept and sold. All salmonids, walleye and sturgeon must be immediately returned to the water and those alive must be released unharmed.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. June 30, 1999:


WAC 220-33-03000MCommercial shad--Columbia River.

Washington State Code Reviser's Office