WSR 04-01-189

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-317 -- Filed December 23, 2003, 3:42 p.m. , effective January 1, 2004 ]


     Date Adopted: December 22, 2003.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-04000U; 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 3 fisheries in the "Washington and Oregon Eulachon Management Plan" for the Columbia River. Improved ocean conditions are expected to benefit smelt returns. Abundance in 2004 is expected to be strong and consistent with Level 3 fisheries. Rule is consistent with Columbia River Compact action of December 19, 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 1, 2004.

December 22, 2003

B. J. Bjork

for Jeff Koenings

Director


NEW SECTION
WAC 220-33-04000U   Smelt -- Areas and seasons.   Notwithstanding the provisions of WAC 220-33-040, effective January 1, 2004 through March 31, 2004, the Columbia River and Washington tributaries are closed to fishing for smelt except under the following provisions:

     1) Area: Columbia River - below Bonneville Dam

     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 power lines near Eagle Island.

     Dates: 6:00 p.m. Sunday to 6:00 p.m. Tuesday

     6:00 p.m. Wednesday to 6:00 p.m. Friday

     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 effective April 1, 2004:


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