WSR 02-06-036

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-38 -- Filed February 26, 2002, 3:49 p.m. ]

Date of Adoption: February 26, 2002.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-04000Q, 220-33-04000R, 220-56-27000L and 220-56-27000M; and amending WAC 220-33-040 and 220-56-270.

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: Significant numbers and distribution of smelt have been observed in the mainstem and several tributaries of the Columbia River. Expansion of fisheries is now warranted under the Level 3 provisions of the Washington and Oregon eulachon management plan. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 4.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

February 26, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-27000M   Smelt -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-270, 220-56-240, 220-56-275, effective immediately through March 31, 2002, it is unlawful to fish for or possess smelt in those waters of the Columbia River and tributaries downstream of Bonneville Dam except under the following provisions:

1) Area: Columbia River

b) Open days: 7 days/week

c) Open times: 24 hours per day

d) Gear: Dipnets

e) Daily limit: 20 lbs.

2) Area: Washington tributaries

a) Open days: 7 days/week

b) Open times: 6:00 a.m. to 10:00 p.m. daily

c) Gear: Dipnets

d) Daily limit: 20 lbs.

[]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-27000L Smelt--Areas and seasons. (01-278)

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. April 1, 2002:


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

NEW SECTION
WAC 220-33-04000R   Smelt--Areas and seasons.   Notwithstanding the provisions of WAC 220-33-040, effective immediately through March 31, 2002, the Columbia River and Washington tributaries are closed to fishing for smelt except under the following provisions:

1) Area: Columbia River

Dates: Sundays and Wednesdays and Fridays

3:00 a.m. to 9:00 p.m. daily

Gear: Gillnets, dipnets and trawl nets.

Allowable sales: Smelt.

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.

2) Area: Cowlitz River - downstream of Peterson's Eddy.

Kalama River - downstream from Modrow Bridge.

Lewis River - mainstem and the north fork downstream from the overhead power lines near Eagle Island.

Dates: 6:00 p.m. Sundays to 6:00 a.m. Mondays

6:00 p.m. Tuesdays to 6:00 a.m. Wednesdays

6:00 p.m. Wednesdays to 6:00 a.m. Thursdays

6:00 p.m. Thursdays to 6:00 a.m. Fridays

Gear: Dipnets.

Allowable sales: Smelt.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-33-04000Q Smelt -- Areas and seasons. (02-27)

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. April 1, 2002:


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

Washington State Code Reviser's Office