WSR 99-01-146

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-254--Filed December 22, 1998, 11:02 a.m.]



Date of Adoption: December 21, 1998.

Purpose: Commercial fishing regulations.

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

Statutory Authority for Adoption: RCW 75.08.080.

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 sturgeon are available. Provides opportunity for commercial fishers to harvest a portion of their sturgeon allocation during a time frame that minimizes impacts to salmonids. Rule is consistent with actions of the Columbia River Compact hearing of December 17, 1998. There is insufficient time to promulgate permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Immediately.

December 21, 1998

Larry W. Peck

Acting Director



NEW SECTION



WAC 220-33-01000M  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: Noon Monday January 11, 1999 to 6 p.m. Tuesday, January 12, 1999;

Noon Thursday January 14, 1999 to 6 p.m. Friday January 15, 1999;

Noon Monday January 18, 1999 to 6 p.m. Tuesday, January 19, 1999;

Noon Thursday January 21, 1999 to 6 p.m. Friday January 22, 1999;

Noon Monday January 25, 1999 to 6 p.m. Tuesday, January 26, 1999;

Noon Thursday January 28, 1999 to 6 p.m. Friday January 29, 1999;

Noon Monday February 1, 1999 to 6 p.m. Tuesday, February 2, 1999;

Noon Thursday February 4, 1999 to 6 p.m. Friday February 5, 1999;

Noon Monday February 8, 1999 to 6 p.m. Tuesday, February 9, 1999;

Noon Thursday February 11, 1999 to 6 p.m. Friday February 12, 1999.

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

allowable sale: Salmon and sturgeon

sanctuaries: Grays, Elokomin, Cowlitz, Kalama, Lewis, Washougal, and Sandy rivers.



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REPEALER



The following section of the Washington Administrative Code is repealed effective 6:01 p.m. February 12, 1999:



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

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