EMERGENCY RULES
FISH AND WILDLIFE
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-03000W and 220-33-03000X; and amending WAC 220-33-030.
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: This regulation prohibits salmon nets to be on-board a vessel while shad fishing, when both salmon and shad fisheries are in place. Harvestable numbers of shad are expected in 2005. Incidental impacts to nontarget species are small. This rule is consistent with actions of the Columbia River Compact hearing of January 28, May 10, and June 15, 2005, and is consistent with requirements of the ESA. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 21, 2005.
J. P. Koenings
Director
Area: Area 2S. True north/south line through Light #50 near the mouth of the Sandy River upstream to the commercial fishing boundary near Beacon Rock.
Dates: Daily, 3:00 p.m. to 10:00 p.m. from: Immediately to June 24, 2005
Gear: Single-wall, unslackened, floater gill net, with breaking strength of less than 10 pounds. Mesh size: 5 3/8 inches to 6 1/4 inches. The net may not exceed 150 fathoms in length nor 40 meshes in depth. No salmon nets are allowed on the vessel when both fisheries are open.
Allowable Sale: During the fishing periods provided in this section, only shad may be kept and sold. All salmonids, walleye and sturgeon must be immediately returned to the water and those alive must be released unharmed.
Area: Washougal Reef. Waters of Zone 4-5 inside a line commencing at the white six-second equal-interval light approximately 3/4 miles east of the Washougal Woolen Mill pipeline and projected westerly to the Washougal blinker light, thence to the four-second blinker light on the east end of Lady Island, thence easterly and along the shoreline of Lady Island to the State Highway 14 Bridge, thence easterly across the State Highway 14 Bridge to the mainland.
Dates: Daily, 8:00 p.m. to 12:00 a.m. from: Immediately to June 23, 2005
Gear: Single-wall, unslackened, floater gill net, with breaking strength of less than 30 pounds. Mesh size: 5 inches to 6 1/4 inches. No salmon nets are allowed on the vessel when both fisheries are open.
Allowable Sale: During the fishing periods provided in this section, only shad may be kept and sold. All salmonids, walleye and sturgeon must be immediately returned to the water and those alive must be released unharmed.
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The following section of the Washington Administrative Code is repealed:
| WAC 220-33-03000W | Commercial shad -- Columbia River. (05-100) |
The following section of the Washington Administrative Code is repealed effective 10:01 p.m. June 24, 2005:
| WAC 220-33-03000X | Commercial shad -- Columbia River. |