WSR 04-18-007

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-223 -- Filed August 19, 2004, 4:33 p.m. , effective August 19, 2004, 7:00 p.m. ]


Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000H; 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. Sets an additional fishing period for the third week of August and discontinues the sale of sturgeon harvested from the mainstem Columbia River. 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 August 18, 2004, and is included in the biological assessment of ESA listed stocks. The biological opinion covering these fisheries has been completed by NOAA fisheries. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 19, 2004.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-33-01000H   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 1C, 1D, 1E.

a) SEASON: 7:00 p.m. Thursday, August 19, 2004 to 7:00 a.m.. Friday, August 20, 2004.

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

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

d) ALLOWABLE SALE: Salmon. No sturgeon may be possessed or sold.

e) 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 effective 7:01 a.m. August 20, 2004:


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

Legislature Code Reviser 

Register

Washington State Code Reviser's Office