EMERGENCY RULES
FISH AND WILDLIFE
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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 4.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.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
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.
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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The following section of the Washington Administrative Code is repealed: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) |
| WAC 220-56-27000M | Smelt--Areas and seasons. |
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.
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The following section of the Washington Administrative Code is repealed:
| WAC 220-33-04000Q | Smelt -- Areas and seasons. (02-27) |
| WAC 220-33-04000R | Smelt -- Areas and seasons. |