WSR 00-05-047

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-16 -- Filed February 11, 2000, 2:54 p.m. , effective February 13, 2000, 12 noon ]

Date of Adoption: February 11, 2000.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000B; and amending WAC 220-33-010.

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: Fishery is designed to target surplus Willamette hatchery spring chinook that were allocated to this fishery by the Oregon Fish and Wildlife Commission, and minimize impacts to upriver bound spring chinook. Harvestable salmon and sturgeon are available. Impacts to ESA-listed stocks in these fisheries through February "do not constitute an irreversible or irretrievable commitment of resources, in compliance with section 7(d)" of the Endangered Species Act (Stelle letter to Stan Speaks, January 26, 2000). The National Marine Fisheries Service estimates that the biological opinion will be done by February 29, 2000, and will address fisheries beginning March 1, 2000. This rule is consistent with actions of the Columbia River Compact hearings of January 27, 2000, and February 11, 2000, and conforms Washington and Oregon state rules. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: February 13, 2000, 12 noon.

February 11, 2000

J. P. Koenings

Director


NEW SECTION
WAC 220-33-01000B
Columbia River gillnet seasons below Bonneville.

Notwithstanding the provisions of WAC 220-33-010, WAC 220-33-020, and WAC 220-33-030, it is unlawful for a person to take or possess salmon, sturgeon, and shad, taken for commercial purposes from Columbia River Salmon Management and Catch Reporting Areas 1A, 1B, 1C, 1D, and 1E except during the times and conditions listed:

1) Mainstem Salmon Fishery

Area: SMCRA 1A, 1B, 1C, 1D and 1E.

Dates: Noon February 13 to 6 PM February 14, 2000
Noon February 15 to 6 PM February 16, 2000
Noon February 17 to 6 PM February 18, 2000
Gear: 8 inch minimum mesh and 9 3/4 inch maximum mesh restriction in SMCRA 1A, 1B, 1C, and those water of 1D upstream to Kelley Point at the mouth of the Willamette River.
9 inch minimum and 9 3/4 inch maximum mesh restriction in SMCRA 1D in those waters upstream of Kelley Point at the mouth of the Willamette River and SMCRA 1E.
Allowable Sale: Salmon and sturgeon.

Sanctuaries: Standard sanctuaries are in place.

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective 6:01 p.m. February 18, 2000:


WAC 220-33-01000B Columbia River gillnet seasons below Bonneville.

Washington State Code Reviser's Office