WSR 06-07-041

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-42 -- Filed March 8, 2006, 4:07 p.m. , effective March 8, 2006 ]


     Effective Date of Rule: Immediately.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-04000Y and 220-33-04000Z; 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: Modifies the on-going smelt fishery to close on Thursday, March 9, 2006, and open Saturday, March 11, 2006 instead. Industry requested the change to avoid conflict with commercial salmon fishing periods. Management will monitor interaction between sport and commercial fleets on a weekly basis. The smelt fishery regulations remain consistent with Level 1 fisheries in the "Washington and Oregon Eulachon Management Plan for the Columbia River.["] Abundance and productivity indicators project a weak return of smelt for 2006. Rule is consistent with Columbia River compact action of December 15, 2005, and March 9, 2006. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 8, 2006.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-33-04000Z   Smelt -- Areas and seasons.   Notwithstanding the provisions of WAC 220-33-040, effective immediately through March 31, 2006, the Columbia River and Washington tributaries are closed to fishing for smelt except under the following provisions:

     1. Area: Columbia River - SMCRA 1A, 1B, 1C, 1D, and 1E

     Dates: Mondays and Thursdays, 7:00 a.m. to 4:00 p.m. daily. Except closed Thursday March 9, 2006.

     Open 7:00 a.m. to 4:00 p.m. Saturday March 11, 2006

     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: Sundays and Wednesdays, 6:00 p.m. to midnight daily

     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:
WAC 220-33-04000Y Smelt -- Areas and seasons. (05-284)

     The following section of the Washington Administrative Code is repealed effective April 1, 2006:


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

© Washington State Code Reviser's Office