WSR 03-07-015

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-45 -- Filed March 7, 2003, 2:36 p.m. ]

Date of Adoption: March 7, 2003.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-04000S and 220-33-04000T; 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 2003 smelt run size and smelt fishery regulations are consistent with Level 3 fisheries in the "Washington and Oregon Eulachon Management Plan" for the Columbia River. Sufficient numbers of smelt have escaped to spawn and enough smelt remain to allow for four eighteen-hour tributary fishing periods per week to meet commercial marketing needs. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

March 7, 2003

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-33-04000T   Smelt -- Areas and seasons   Notwithstanding the provisions of WAC 220-33-040, effective immediately through March 31, 2003, the Columbia River and Washington tributaries are closed to fishing for smelt except under the following provisions:

1) Area: Columbia River

Dates: Sundays, Tuesdays, Thursdays, Fridays

3:00 a.m. to 9:00 p.m. daily

Gear: Gillnets, dipnets and trawl nets.

Allowable sales: Smelt.

Other: Quick reporting required for Washington wholesale dealers, WAC 220-69-240.

Miscellaneous: 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

Kalama River downstream from Modrow Bridge

Lewis River mainstem and north fork downstream from the overhead powerlines near Eagle Island.

Dates: 4:00 p.m. Sundays to 10:00 a.m. Mondays

4:00 p.m. Tuesdays to 10:00 a.m. Wednesdays

4:00 p.m. Wednesdays to 10:00 a.m. Thursdays

4:00 p.m. Fridays to 10:00 a.m. Saturdays

Gear: Dipnets.

Allowable sales: Smelt.

Other: Quick reporting required for Washington wholesale dealers, WAC 220-69-240.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-33-04000S Smelt -- Areas and seasons. (02-303)

The following section of the Washington Administrative Code is repealed effective April 1, 2003:


WAC 220-33-04000T Smelt -- Areas and seasons.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office