WSR 20-06-015
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-34—Filed February 20, 2020, 5:15 p.m., effective February 26, 2020, 8:00 a.m.]
Effective Date of Rule: February 26, 2020, 8:00 a.m.
Purpose: Amend recreational smelt rules.
Citation of Rules Affected by this Order: Repealing WAC 220-315-03000B; and amending WAC 220-315-030.
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: This rule sets a limited Columbia River recreational fishery for eulachon smelt. The regulation is consistent with a conservative research-level fishery, reduced from the Level-One fishery as described in the "Washington and Oregon Eulachon Management Plan" for the Columbia River. The expected return of eulachon to the Columbia River in 2020 is expected to be similar in magnitude to the run in 2019. The fishery serves as an important test fishery to monitor run strength and timing and to collect biological data. NOAA Fisheries concurs that a limited fishery is consistent with recovery of eulachon smelt. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 20, 2020.
Kelly Susewind
Director
NEW SECTION
WAC 220-315-03000BSmelt—Areas and seasons
Notwithstanding the provisions of WAC 220-315-030, the Columbia River and Washington tributaries are closed to fishing for eulachon smelt except as provided below:
Open Dates: Wednesday February 26, 2020.
8:00 a.m. to 1:00 p.m. (5-hour period).
Open Area: Cowlitz River (bank only) from the HWY 432 Bridge upstream to the Al Helenberg Memorial Boat Ramp located approximately 1,300 feet upstream of the HWY 411/A Street Bridge in Castle Rock.
Daily Limit: 10 pounds. Possession limit equal to one daily limit.
Gear: Dip net.
REPEALER
The following section of Washington Administrative Code is repealed effective 1:01 p.m. February 26, 2020:
WAC 220-315-03000B | Smelt—Areas and seasons |