WSR 10-07-036

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-57 -- Filed March 10, 2010, 2:24 p.m. , effective March 11, 2010 ]


Effective Date of Rule: March 11, 2010.

Purpose: The purpose of this rule making is to allow nontreaty commercial fishing opportunity in the Columbia River while protecting fish listed as threatened or endangered under the Endangered Species Act. This rule making implements federal court orders governing Washington's relationship with treaty Indian tribes, federal law governing Washington's relationship with Oregon, and Washington fish and wildlife commission policy guidance for Columbia River fisheries.

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

Statutory Authority for Adoption: RCW 77.04.130, 77.12.045, and 77.12.047.

Other Authority: United States v. Oregon, Civil No. 68-513-KI (D. Or.), Order Adopting 2008-2017 United States v. Oregon Management Agreement (Aug. 12, 2008) (Doc. No. 2546); Northwest Gillnetters Ass'n v. Sandison, 95 Wn.2d 638, 628 P.2d 800 (1981); Washington fish and wildlife commission policies concerning Columbia River fisheries; 40 Stat. 515 (Columbia River compact).

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; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: Closes the Columbia River commercial smelt fishery prior to the scheduled date of March 31, 2010. The fishery served as a test fishery to monitor run strength and collect biological data. The 2010 smelt run is likely complete and no additional fishing time is required to determine the magnitude of the run. Rule is consistent with Columbia River compact action of March 8, 2010. There is insufficient time to adopt permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 0, Repealed 2; Federal Rules or Standards: New 1, Amended 0, Repealed 2; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.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 10, 2010.

Lori Preuss

for Philip Anderson

Director


NEW SECTION
WAC 220-33-04000I   Smelt -- Areas and seasons.   Notwithstanding the provisions of WAC 220-33-040, effective March 11 through March 31, 2010, it is unlawful to fish for or possess smelt in waters of Salmon Management and Catch Reporting Areas 1A, 1B, 1C, 1D, 1E and tributaries to these areas.

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REPEALER


The following section of the Washington Administrative Code is repealed effective March 11, 2010:


WAC 220-33-04000H Smelt -- Areas and seasons. (10-55)

The following section of the Washington Administrative Code is repealed effective April 1, 2010:


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

Washington State Code Reviser's Office