WSR 99-22-097

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-197-- Filed November 2, 1999, 4:52 p.m. , effective November 4, 1999, 5:00 a.m. ]

Date of Adoption: November 2, 1999.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000Z; and amending WAC 220-33-010.

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: Fishery is a target sturgeon fishery. Fishery will provide opportunity for commercial fishers to harvest remaining sturgeon allocation. Harvestable numbers of sturgeon are available on the non-Indian allocation for fall commercial fisheries. Season is consistent with the 1999 management agreement, ESA requirements, and actions of the Columbia River Compact of November 2, 1999. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 1, Amended 0, Repealed 1.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 4, 1999, 5:00 a.m.

November 2, 1999

Evan Jacoby

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-33-01000Z
Columbia River season below Bonneville.

Notwithstanding the provisions of WAC 220-33-010, and WAC 220-33-020, it is unlawful for a person to take or possess salmon or sturgeon taken for commercial purposes from Columbia River Salmon Management and Catch Reporting Areas 1A, 1B, 1C, 1D, and 1F except as provided in the following subsections:

1) OPEN AREA: Salmon Management and Catch Reporting Areas 1A, 1B, 1C, 1D, 1E.

a) SEASON: 5:00 a.m. to 7:00 p.m. November 4, 1999

b) GEAR: 9-inch minimum, 9 3/4-inch maximum mesh.

c) ALLOWABLE SALE: Salmon and sturgeon

d) SANCTUARIES: Grays, Elokomin-A, Abernathy, Cowlitz, Kalama-A, Lewis-A, Washougal, Sandy

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REPEALER


The following section of the Washington Administrative Code is repealed effective 7:01 p.m. November 4, 1999:


WAC 220-33-01000Z Columbia River season below Bonneville.

Washington State Code Reviser's Office