WSR 98-04-055

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-12--Filed January 30, 1998, 4:25 p.m.]

Date of Adoption: January 30, 1998.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-270.

Statutory Authority for Adoption: RCW 75.08.080.

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: Smelt returns are projected to be poor in 1998. To date there have been no significant returns of smelt to Washington tributaries and a conservative approach is necessary for smelt management in 1998. Closure of the recreational smelt fishery will provide protection to the tributary spawners and is consistent with action by the Department of Fish and Wildlife to close the Washington tributary commercial smelt fishery. There is insufficient time to promulgate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Immediately.

January 30, 1998

Dirk Brazil

for Bern Shanks

Director

NEW SECTION

WAC 220-56-27000B Smelt--Areas and seasons. Notwithstanding the provisions of WAC 220-56-270, effective 12:01 a.m. February 2, 1998, until further notice, it is unlawful to take, fish for or possess smelt in all Washington tributaries to the Columbia River.

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