WSR 10-03-069

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-14 -- Filed January 15, 2010, 4:23 p.m. , effective January 15, 2010, 4:23 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-27000D and 220-56-27000E; and amending WAC 220-56-270.

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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 eulachon smelt sport fishery in the Cowlitz River. The season is consistent with a Level 1 fishery, in accordance with the Washington and Oregon eulachon management plan. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 15, 2010.

Joe Stohr

for Philip Anderson

Director


NEW SECTION
WAC 220-56-27000E   Smelt -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-270, WAC 220-56-240, WAC 220-56-275, effective immediately through March 31, 2010, it is unlawful to fish for or possess smelt in those waters of the Columbia River except under the following provisions:


Area: Mainstem Columbia River below Bonneville Dam

Open Dates: 7 days/week

Hours: 24 hours per day

Daily limit: 10 pounds, the possession limit is equal to the daily limit

Gear: Dipnets


Area: Cowlitz River

Open Dates: Saturdays, February 6, 13, 20 and 27

Hours: 7:00 a.m. to 3:00 a.m. each day.

Daily limit: 10 pounds, the possession limit is equal to the daily limit

Gear: Dipnets

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-27000D Smelt -- Areas and seasons. (09-275)

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. April 1, 2010:


WAC 220-56-27000E Smelt -- Areas and seasons.

Washington State Code Reviser's Office