WSR 05-06-042

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-31 -- Filed February 25, 2005, 3:19 p.m. , effective February 25, 2005 ]


Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-04000W and 220-33-04000X; and amending WAC 220-33-040.

Statutory Authority for Adoption: RCW 77.12.240.

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 One fisheries in the "Washington and Oregon Eulachon Management Plan" for the Columbia River. The lack of significant signs of smelt abundance in the Columbia River and tributaries as of mid-February supports reverting to a Level One fishery. The rule is consistent with Columbia River joint state hearing of February 23, 2005. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: February 25, 2005.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-33-04000X   Smelt -- Areas and seasons.   Notwithstanding the provisions of WAC 220-33-040, effective immediately through March 31, 2005, 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: Thursdays

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

Dates: 6:00 p.m. Wednesday to 6:00 a.m. Thursday

Gear: Dipnets.

Allowable sales: Smelt.

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

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-33-04000W Smelt -- Areas and seasons. (04-325)

The following section of the Washington Administrative Code is repealed effective April 1, 2004:


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

Washington State Code Reviser's Office