WSR 04-07-117

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-57 -- Filed March 18, 2004, 4:44 p.m. ]

Date of Adoption: March 18, 2004.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-04000U and 220-33-04000V; and amending WAC 220-33-040.

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 Columbia River smelt run size has been downgraded from Level 3 to Level 2. This modified smelt fishery regulation is consistent with Level 2 fisheries in the "Washington and Oregon eulachon management plan" for the Columbia River. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

March 18, 2004

Evan Jacoby

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-33-04000V   Smelt--Areas and seasons.   Notwithstanding the provisions of WAC 220-33-040, the Columbia River and Washington tributaries are closed to fishing for smelt except under the following provisions:

1) Area: Columbia River - below Bonneville Dam

Dates: Immediately through 9:00 p.m., Sunday March 21, 2004

Thursday, March 18, Friday. March 19, and Sunday, March 21

3:00 a.m. to 9:00 p.m. daily

9:01 p.m. Sunday, March 21 through 12:00 p.m. Wednesday, March 31, 2004

3:00 a.m. - 9:00 p.m. March 26, 2004

3:00 a.m. - 9:00 p.m. March 28, 2004

Gear: Gillnets, dipnets and trawl nets.

Allowable sales: Smelt.

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.

2) Area: Cowlitz River downstream of Peterson's Eddy

Kalama River downstream from Modrow Bridge

Lewis River mainstem and North Fork downstream from the overhead power lines near Eagle Island.

Dates: Immediately through 6:00 p.m. Thursday, March 18, 2004

6:00 p.m. Sunday, March 21 through 6:00 a.m. Monday, March 22

6:00 p.m. Wednesday, March 24 through 6:00 a.m. March 25

6:00 p.m. Sunday, March 28 through 6:00 a.m. Monday, March 29

6:00 p.m. through 12:00 p.m., Wednesday, March 31, 2004

Gear: Dipnets.

Allowable sales: Smelt.

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

[]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-33-04000U Smelt--Areas and seasons.

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. April 1, 2004:


WAC 220-33-04000V Smelt--Areas and seasons.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office