WSR 05-09-098

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-72 -- Filed April 20, 2005, 10:33 a.m. , effective April 20, 2005 ]


Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000A.

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: Closes the spring season for the select area fisheries until further notice. Bonneville Dam counts are less than expected and there is uncertainty at this time about what the upriver spring chinook run will be. Fisheries are being adjusted to be conservative if the upriver run size falls far short of the preseason forecast. The select area fisheries in Deep River and Blind Slough/Knappa Slough are part of an on-going BPA funded study to design fisheries in areas outside of the mainstem Columbia River. Several stocks of salmon have been released from net pens in these select areas to provide for fisheries. All salmon returning to these net pens are harvestable. Impacts to ESA-listed stocks in these fisheries are covered under the biological opinion for the interim management agreement. Conforms Washington and Oregon rules. There is insufficient time to promulgate permanent regulations. This rule is consistent with actions of the Columbia River compact of April 19, 2005, conforms Washington and Oregon state rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: April 19, 2005.

J. P. Koenings

Director


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-33-01000A Columbia River seasons below Bonneville. (05-59)

Washington State Code Reviser's Office