WSR 01-02-016

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-260 -- Filed December 21, 2000, 3:11 p.m. , effective January 6, 2001, noon ]

Date of Adoption: December 21, 2000.

Purpose: Amend commercial fishing rules.

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

Statutory Authority for Adoption: RCW 77.12.047.

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: Harvestable numbers of sturgeon are available. The fishery will provide an opportunity for the commercial fishers to harvest a portion of their sturgeon allocation during a time frame when impacts to salmonids is minimal. Regulation is consistent with the Joint State Sturgeon Accord adopted by the Fish and Wildlife Commission and is consistent with compact action of December 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 6, 2001, noon.

December 21, 2000

Evan Jacoby

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-33-01000P   Columbia River season below Bonneville.   Notwithstanding the provisions of WAC 220-33-010, and 220-33-020, it is unlawful for a person to take or possess salmon or sturgeon taken for commercial purposes from Columbia River Salmon Management and Catch Reporting Areas 1A, 1B, 1C, 1D, and 1E, except as provided in the following subsections.


AREA: SMCRA 1A, 1B, 1C, 1D, and 1E
SEASON: Noon Monday January 8, 2001 to 6:00 p.m. Tuesday, January 9, 2001
Noon Thursday January 11, 2001 to 6:00 p.m. Friday January 12, 2001
Noon Monday January 15, 2001 to 6:00 p.m. Tuesday, January 16, 2001
Noon Thursday January 18, 2001 to 6:00 p.m. Friday January 19, 2001
Noon Monday January 22, 2001 to 6:00 p.m. Tuesday, January 23, 2001
Noon Thursday January 25, 2001 to 6:00 p.m. Friday January 26, 2001
Noon Monday January 29, 2001 to 6:00 p.m. Tuesday, January 30, 2001
Noon Thursday February 1, 2001 to 6:00 p.m. Friday February 2, 2001
Noon Monday February 5, 2001 to 6:00 p.m. Tuesday, February 6, 2001
Noon Thursday February 8, 2001 to 6:00 p.m. Friday February 9, 2001
GEAR: 9 inch minimum mesh and 9-3/4 inch maximum mesh
ALLOWABLE SALE: Salmon and sturgeon
SANCTUARIES: Grays, Elokomin, Abernathy, Gnat Creek, Cowlitz, Kalama, Lewis, Washougal, and Sandy rivers.

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 effective 6:01 p.m. February 9, 2001:


WAC 220-33-01000P Columbia River season below Bonneville.

© Washington State Code Reviser's Office