WSR 03-05-025

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-18 -- Filed February 10, 2003, 3:10 p.m. , effective February 12, 2003, 6:00 a.m. ]

     Date of Adoption: February 10, 2003.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-27000N and 220-56-27000P; and amending WAC 220-56-270.

     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: Significant numbers and distribution of smelt have been observed in the mainstem and several tributaries of the Columbia River. Expansion of fisheries is now warranted under the Level 3 provisions of the Washington and Oregon eulachon management plan. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 12, 2003, 6:00 a.m.

February 10, 2003

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-27000P   Smelt -- Areas and seasons   Notwithstanding the provisions of WAC 220-56-270, WAC 220-56-240, WAC 220-56-275, effective February 12, 2003 through March 31, 2003, it is unlawful to fish for or possess smelt in those waters of the Columbia River and tributaries except under the following provisions:

     1) Area: Mainstem Columbia River, below Bonneville Dam.

     Dates: Open 7 days/week

     Hours: 24 hours per day

     Daily limit: 20 pounds

     Gear: Dipnets

     2) Area: Washington Columbia River tributaries, below Bonneville Dam.

     Dates: Open 7 days/week

     Hours: 6:00 a.m. to 10:00 p.m. daily

     Daily limit: 20 pounds

     Gear: Dipnets

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 6:00 a.m. February 12, 2003:


WAC 220-56-27000N Smelt--Areas and seasons. (02-304)

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. April 1, 2003:


WAC 220-56-27000P Smelt--Areas and seasons.

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