WSR 03-16-056

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-171 -- Filed July 31, 2003, 4:19 p.m. , effective August 4, 2003, 7:00 p.m. ]

     Date of Adoption: July 31, 2003.

     Purpose: Amend commercial fishing regulations.

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

     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: Harvestable numbers of salmon are available. This season is consistent with the 2003 fall management agreement. This rule is consistent with actions of the Columbia River compact on July 30, 2003, and is included in the biological assessment of ESA listed stocks. The biological opinion covering these fisheries was signed on July 30, 2003. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: August 4, 2003, 7:00 p.m.

July 31, 2003

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-33-01000F   Columbia River season below Bonneville.   Notwithstanding the provisions 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:

     1) OPEN AREA: SMCRA 1A, 1B, 1C

     a) SEASON: 7:00 p.m. Monday, August 4, 2003 to 7:00 a.m. Tuesday, August 5, 2003

     7:00 p.m. Wednesday, August 6, 2003 to 7:00 a.m. Thursday, August 7, 2003

     7:00 p.m. Monday, August 11, 2003 to 7:00 a.m. Tuesday, August 12, 2003

     b) GEAR: 8 inch minimum mesh and 9-3/4 inch maximum mesh.

     Monofilament gear is allowed.

     c) SANCTUARIES: Grays River, Elokomin-A, Cowlitz, Kalama-A, Lewis-A.

     d) ALLOWABLE SALE: Salmon and sturgeon. Up to 7 sturgeon may be possessed or sold for each participating vessel per fishing week, including fish harvested in Select Area fisheries. A fishing week is defined as the Sunday through Saturday encompassing the open dates of the fishery.

     e) Quick reporting required for Washington wholesale dealers, WAC 220-69-240.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 7:01 a.m. August 12, 2003:


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

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