WSR 02-04-072

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-22 -- Filed February 1, 2002, 2:42 p.m. ]

     Date of Adoption: February 1, 2002.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-04000N and 220-33-04000P; 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 smelt fishery regulations are consistent with Level 2 fisheries in the "Washington and Oregon Eulachon Management Plan" for the Columbia River. Level 2 fisheries are defined in part as "productivity indices are favorable, yet it is still uncertain whether the run is moderate or strong." Rule is consistent with Columbia River Compact action of January 31, 2002. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

February 1, 2002

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-33-04000P   Smelt--Areas and seasons.   Notwithstanding the provisions of WAC 220-33-040, effective immediately through March 31, 2002, the Columbia River and Washington tributaries are closed to fishing for smelt except under the following provisions:

1) Area: Columbia River
Dates: Sundays and Wednesdays and Fridays
3:00 a.m. to 9:00 p.m. daily
Gear: Gillnets, dipnets and trawl nets.
Allowable

sales:

 Smelt.
Other: 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.
Dates: 6:00 p.m. Sundays to 6:00 a.m. Mondays
6:00 p.m. Tuesdays to 6:00 a.m. Wednesdays
6:00 p.m. Wednesdays to 6:00 a.m. Thursdays
Gear: Dipnets.
Allowable

sales:

 Smelt.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed: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

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. April 1, 2002:

     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.

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