Continuance of WSR 00-17-094.

Preproposal statement of inquiry was filed as WSR 00-02-002.

Title of Rule: Commercial fishing rules.

Purpose: Columbia River commercial smelt season setting.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Summary: Commercial smelt seasons to be set by emergency rule.

Reasons Supporting Proposal: Smelt abundance highly variable.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 902-2927.

Name of Proponent: Washington State Department of Fish and Wildlife, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Continuation for adoption at a later date.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The Columbia River smelt population has gone through a serious decline over the past few seasons, possibly due to ocean temperature conditions. It is not prudent management to have a seasons opening set in rule when returns cannot be accurately anticipated. This proposal will set the seasons by emergency rule after the stock abundance has been determined.

Proposal Changes the Following Existing Rules: Sets seasons by emergency rule.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal does not change smelt management, and there is no effect on small businesses whether the season in closed by emergency rule until smelt abundance can be determined, or opened by emergency rule one smelt abundance has been determined.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not hydraulics rules.

Hearing Location: Best Western Hotel, 15901 West Valley Road, Tukwila, WA, on February 9-10, 2001, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by January 23, 2000 [2001], TDD (360) 902-2207, or (360) 902-2226.

Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501, fax (360) 902-2942, by February 8, 2001.

Date of Intended Adoption: February 9, 2001.

December 21, 2000

Evan Jacoby

Rules Coordinator

OTS-4176.1

AMENDATORY SECTION(Amending Order 88-86 [00-146], filed 9/2/88 [8/17/00])

WAC 220-33-040   Smelt.   It is unlawful to fish for smelt in the lower Columbia River for commercial purposes or to possess smelt taken from those waters for commercial purposes, except as provided in this section:

Gear

     (1) Otter trawl gear may be used to fish for smelt if:

     (a) The head rope of the trawl does not exceed 25 feet in length.

     (b) The foot rope or groundline of the trawl does not exceed 25 feet in length.

     (c) The dimensions of the trawl's otter doors do not exceed 3 feet by 4 feet.

     (d) The bag length of the trawl, as measured from the center of the head rope to the terminal end of the bunt, does not exceed 35 feet.

     (e) The bridal rope from the rear of the otter doors to the foot and head ropes does not exceed 8 feet.

     (f) Each breast rope does not exceed 5 feet.

     (g) The mesh size used in the trawl does not exceed 2 inches stretch measure.

     (h) Only one trawl net is fished from the boat at a time.

     (2) Gill net gear may be used to fish for smelt if it does not exceed 1,500 feet in length along the cork line and the mesh size of the net does not exceed 2 inches stretch measure.      Gill net gear includes trammel nets.

     (3) Hand dip net gear may be used to fish for smelt if it does not measure more than 36 inches across the bag frame.

Fishing periods

     (4) ((Otter trawl gear may be used to fish for smelt in SMCRA 1A from 6 p.m. Monday to 6 p.m. Wednesday of each week from March 1 through March 31, and for boats not exceeding 32 feet in length, in SMCRA 1B, 1C, 1D and 1E 7 days per week from December 1 through March 31 of the following year.)) The Columbia River smelt fishery will be opened by emergency rule upon a yearly determination that there are sufficient smelt to achieve escapement.

     (5) ((Gill net gear may be used to fish for smelt in SMCRA 1A, 1B, 1C, 1D and 1E 7 days per week from December 1 of each year through March 31 of the following year.

     (6) Hand dip net gear may be used to fish for smelt in SMCRA 1A, 1B, 1C, 1D and 1E and tributaries to these areas 7 days per week from December 1 of each year through March 31 of the following year.

     (7))) The following areas of the lower Columbia River remain closed to smelt fishing during the ((open time periods specified in this section)) openings provided for in this section:

     (a) Those waters within one mile of a dam or other obstruction.

     (b) Those waters of the Cowlitz River upstream from a monument located at Peterson's Eddy, also known as Miller's Eddy.

[Statutory Authority: RCW 75.08.080.      88-18-066 (Order 88-86), § 220-33-040, filed 9/2/88.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

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