WSR 05-13-194

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-125 -- Filed June 22, 2005, 10:39 a.m. , effective June 23, 2005, 7:00 p.m. ]


     

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000D; 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: Sets the initial commercial fishing periods for the summer season. Harvestable upper Columbia summer chinook and sturgeon are available. Season is consistent with the 2005-2007 interim management agreement and the 2003-2005 sturgeon fishery management plan. Regulation is consistent with compact action of January 28, 2005, and June 15, 2005. There is insufficient time to promulgate permanent 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: June 21, 2005.

J. P. Koenings

Director


NEW SECTION
WAC 220-33-01000D   Columbia River season below Bonneville.   Notwithstanding the provision 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.

     AREA: SMCRA 1A, 1B, 1C, 1D, and 1E

     SEASON: 7 p.m. Thursday June 23 to 5 a.m. Friday June 24, 2005

     7 p.m. Monday June 27 to 5 a.m. Tuesday June 28, 2005

     7 p.m. Tuesday July 5 to 5 a.m. Wednesday July 6, 2005

     GEAR: 8-inch minimum mesh and 9-3/4 inch maximum mesh. Shad nets are not allowed on board a vessel participating in the above fishery.

     ALLOWABLE SALE: Chinook, coho, shad, and sturgeon. All sockeye and steelhead must be released immediately. A maximum of eight sturgeon may be possessed or sold by each participating vessel during each calendar week (Sunday through Saturday) that the fishery is open. The eight sturgeon possession/sales limit includes both mainstem and Select Area fisheries.

     SANCTUARIES: Grays River, Elokomin-A, Cowlitz River, Kalama-A, Lewis-A, Washougal and Sandy Rivers.

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

     MISCELLANEOUS: As a condition of fishing, owners or operators of commercial fishing vessels must cooperate with Department observers or observers collecting data for the Department, when notified by the observer of their intent to board the commercial vessel for observation and sampling during an open fishery.

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REPEALER


     The following section of the Washington Administrative Code is repealed effective 5:01 a.m. July 6, 2005:


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

© Washington State Code Reviser's Office