WSR 00-06-017

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-23 -- Filed February 22, 2000, 4:56 p.m. , effective February 25, 2000, 12:01 a.m. ]

Date of Adoption: February 22, 2000.

Purpose: Commercial and personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-04000I, 220-33-04000J and 220-56-27000G; and amending WAC 220-33-040 and 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: The smelt return to the Columbia River is better than the preseason expectations and landings to date and test fishery CPUE justifies a one day extension of the test fishery. The fishery is similar to the standard test fishery adopted in 1998 and is designed to limit impact on broodstock while providing important stock status and biological information. The fishery is very conservative and limits freshwater impact rate to less than 5% of the run entering the Columbia River. Harvestable numbers of smelt are projected to be available for a two day extension of the sport test fishery. The Washington tributaries will remain closed with the exception of the Cowlitz River. The rule is consistent with actions of the Columbia River Compact of February 18, 2000. There is insufficient time to promulgate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 3.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 25, 2000, 12:01 a.m.

February 22, 2000

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-33-04000J
Smelt -- Areas and seasons

Notwithstanding the provisions of WAC 220-33-040, effective immediately through March 31, 2000, the Columbia River and Washington tributaries are closed to fishing for smelt except under the following provisions:

Dates: Wednesday, from 7:00 a.m. to 7:00 p.m.

February 23, 2000.

Area: Columbia River only in SMCRA 1A, 1B, 1C, 1D, 1E.

Gear: Gillnets, dipnets and trawl nets.

Allowable sales: Smelt.

Sanctuaries: Standard river mouth sanctuaries.

Other: Notwithstanding the provisions of WAC 220-20-010, during open salmon and/or sturgeon seasons fishers may have stored onboard their boats, while fishing, smelt gill nets; and while smelt fishing, fishers may have stored onboard their boats, gill nets of a size that meets the commercial salmon/sturgeon mesh size, weight, and length restrictions for the open salmon/sturgeon season.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-33-04000I Smelt -- Areas and seasons. (99-224)

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. April 1, 2000:


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

NEW SECTION
WAC 220-56-27000G
Smelt -- Area and seasons

Notwithstanding the provisions of WAC 220-56-270, effective immediately, the Washington Columbia River tributaries are closed to fishing for smelt except under the following provisions:

The Cowlitz River is open to smelt fishing from 12:01 a.m. February 25 through 11:59 p.m. February 26, 2000.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. February 27, 2000:


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

Washington State Code Reviser's Office