WSR 07-07-019

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-32 -- Filed March 9, 2007, 2:29 p.m. , effective March 9, 2007 ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

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

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 smelt fishery regulations are 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 2007. Modification of season is to allow attendance at the March 12 North of Falcon meeting as per industry request. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 7, 2007.

J. P. Koenings

Director


NEW SECTION
WAC 220-33-04000B   Smelt -- Areas and seasons.   Notwithstanding the provisions of WAC 220-33-040, effective immediately through March 31, 2007, 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 open Sunday March 11 and closed Monday March 12, 2007, only.

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 can store onboard their boats, while fishing, smelt gill nets; and while smelt fishing, fishers can store 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.

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REPEALER


The following section of the Washington Administrative Code is repealed:


WAC 220-33-04000A Smelt -- Areas and seasons. (06-307)

The following section of the Washington Administrative Code is repealed effective April 1, 2007:


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

Washington State Code Reviser's Office