WSR 99-14-015

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-85-- Filed June 24, 1999, 4:37 p.m. , effective June 28, 1999, 3:00 p.m. ]

Date of Adoption: June 24, 1999.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-03000N; 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 state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: This regulation sets one additional week of the standard shad commercial fishery in the lower Columbia River. Harvestable numbers of shad are available and impacts to listed salmonids are within guidelines set forth in the biological assessment and biological opinion. This rule is consistent with actions of the Columbia River Compact hearing of January 24, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 28, 1999, 3:00 p.m.

June 24, 1999

J. P. Koenings

Director


NEW SECTION
WAC 220-33-03000N
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, 3:00 p.m. to 10:00 p.m. from: June 28 through July 2, 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 10:01 p.m. July 2, 1999:


WAC 220-33-03000N Commercial shad--Columbia River.

Washington State Code Reviser's Office