WSR 01-14-018

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-118 -- Filed June 25, 2001, 4:36 p.m. , effective June 26, 2001, 6:00 a.m. ]

Date of Adoption: June 25, 2001.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000T and 220-33-01000U; 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: Opens non-Indian commercial sockeye fishery. Harvestable numbers of sockeye are available. Impacts on ESA-listed sockeye are expected to be within the guidelines of the "Interim Management Agreement for Upriver Spring Chinook, Summer Chinook, and Sockeye" and the biological opinion. Consistent with compact action of June 22, 2001. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 26, 2001, 6:00 a.m.

June 25, 2001

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-33-01000U   Columbia River gillnet seasons below Bonneville.   Notwithstanding the provisions of WAC 220-33-010, and 220-33-020, 220-33-030, it is unlawful for a person to take or possess salmon, shad, 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:

1) AREA: SMCRA 1A and 1B

2) SEASON: 6:00 a.m. to 9:00 p.m. June 26, 2001

6:00 a.m. to 9:00 p.m. June 28, 2001

3) GEAR: 4 1/2 inch maximum mesh size. Single wall unslackened floater gill net.

4) ALLOWABLE SALE: sockeye salmon with an adipose fin intact (unmarked), chinook less than 24 inches, shad, and sturgeon.

5) OTHER: It shall be unlawful to possess chinook salmon over 24 inches, adipose fin-clipped sockeye, steelhead, and walleye. All chinook salmon over 24 inches, adipose fin-clipped sockeye, steelhead, and walleye must be released immediately back into the water or into an operating live box. All fish in the live box must be released prior to redeployment (setting) the net for the next drift and prior to the fishing vessel being underway with motorized propulsion.

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REPEALER


The following section of the Administrative Code is repealed:


WAC 220-33-01000T Columbia River gillnet seasons below Bonneville. (01-75)

The following section of the Washington Administrative Code is repealed effective 9:01 p.m. June 28, 2001:


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

Washington State Code Reviser's Office