WSR 04-04-071

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-13 -- Filed February 2, 2004, 3:43 p.m. ]

Date of Adoption: February 2, 2004.

Purpose: Amend commercial fishing rules.

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

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: The landing limit of twenty sturgeon per vessel is expected to spread the catch out through the remaining two days of the fishery and stay within the harvest guideline for this season of 1,800 fish. Regulation is consistent with compact action of February 2, 2004. There is insufficient time to promulgate permanent regulations.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

February 2, 2004

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-33-01000R   Columbia River season below Bonneville.   Notwithstanding the provision of WAC 220-33-010, and 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 1E, except as provided in the following subsections.

AREA: SMCRA 1A, 1B, 1C, 1D, and 1E

SEASON: 6:00 a.m. Tuesday February 3, 2004 to 6:00 a.m. Wednesday, February 4, 2004

6:00 a.m. Tuesday February 10, 2004 to 6:00 a.m. Wednesday, February 11, 2004

GEAR: 9-inch minimum mesh and 9-3/4 inch maximum mesh

ALLOWABLE SALE: Sturgeon and adipose fin-clipped salmon. A maximum of 20 sturgeon may be possessed or sold for each participating vessel during each calendar week (Sunday through Saturday) that the fishery is open.

SANCTUARIES: Sandy River.

OTHER: Quick reporting required for Washington wholesale dealers, WAC 220-69-240.

MISCELLANEOUS: Notwithstanding the provisions of WAC 220-20-010, during open salmon and/or sturgeon seasons fishers may have stored onboard their boats, while fishing, smelt gill nets; and while smelt fishing, fishers may have stored onboard their boats, gill nets of a size that meets the commercial salmon/sturgeon mesh size, weight, and length restrictions for the open salmon/sturgeon season.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-33-01000Q Columbia River season below Bonneville. (03-318)

The following section of the Washington Administrative Code is repealed effective 6:01 a.m. February 11, 2004:


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

Legislature Code Reviser 

Register

Washington State Code Reviser's Office