WSR 04-16-067

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-196 -- Filed July 30, 2004, 1:37 p.m. , effective August 3, 2004, 7:00 p.m. ]


Purpose: Amend commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000F; 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: Harvestable numbers of salmon are available. This season is consistent with the 2004 fall management agreement, the 2004 non-Indian allocation agreement, and with actions of the Columbia River compact on July 29, 2004, and is included in the biological assessment of ESA listed stocks. The biological opinion covering these fisheries has not been completed however, "...NOAA Fisheries concludes that impacts on listed fish associated with the proposed 2004 state and tribal fisheries that are expected to occur through August 16, 2004, are low, and will not have the effect of foreclosing the formulation and implementation of any reasonable and prudent alternative measures contained in the biological opinion." (Stephen Freese letter to Cindy LeFleur, July 29, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: July 30, 2004.

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-33-01000F   Columbia River season below Bonneville.   Notwithstanding the provisions 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:

1) OPEN AREAS: SMCRA 1A, 1B, 1C, 1D, 1E

a) SEASON: 7:00 p.m. Tuesday, August 3, 2004 to 7:00 a.m. Wednesday, August 4, 2004

7:00 p.m. Thursday, August 5, 2004 to 7:00 a.m. Friday, August 6, 2004

7:00 p.m. Sunday, August 8, 2004 to 7:00 a.m. Monday, August 9, 2004

7:00 p.m. Tuesday, August 10, 2004 to 7:00 a.m. Wednesday, August 11, 2004

7:00 p.m. Thursday, August 12, 2004 to 7:00 a.m. Friday, August 13, 2004

b) GEAR: 8 inch minimum mesh and 9-3/4 inch maximum mesh.

Monofilament gear is allowed.

c) SANCTUARIES: Grays River, Elokomin-A, Cowlitz, Kalama-A, Lewis-A, Washougal, Sandy.

d) ALLOWABLE SALE: Salmon and sturgeon. Up to 5 sturgeon may be possessed or sold for each participating vessel per fishing week, including fish harvested in Select Area fisheries. A fishing week is defined as the Sunday through Saturday encompassing the open dates of the fishery.

e) Quick reporting required for Washington wholesale dealers, WAC 220-69-240.

[]


REPEALER

The following section of the Washington Administrative Code is repealed effective 7:01 a.m. August 13, 2004:


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

Legislature Code Reviser 

Register

Washington State Code Reviser's Office