WSR 04-07-123

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-58 -- Filed March 19, 2004, 4:47 p.m. ]

     Date of Adoption: March 19, 2004.

     Purpose: Amend personal use rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-27000R, 220-56-27000T and 220-56-27000U; 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: The Columbia River smelt run size has been downgraded from a Level 3 to 2. This modified smelt fishery regulation is consistent with Level 2 fisheries in the "Washington and Oregon eulachon management plan" for the Columbia River. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 3.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 19, 2004

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-27000U   Smelt--Areas and seasons   Notwithstanding the provisions of WAC 220-56-270, WAC 220-56-240, WAC 220-56-275, effective 10:00 p.m. March 19, 2004 through March 31, 2004, 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

     Dates: Open Wednesdays and Saturdays only

     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 10:00 p.m. March 19, 2004:


WAC 220-56-27000R Smelt--Areas and seasons. (03-316)

     The following section of the Washington Administrative Code is repealed:


WAC 220-56-27000T Smelt--Areas and seasons. (04-56)

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. April 1, 2004:


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

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