WSR 03-02-091

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-306 -- Filed December 31, 2002, 2:15 p.m. , effective January 7, 2003, 12 noon ]

Date of Adoption: December 30, 2002.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000Y; 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 under the harvest guideline of 8,000 fish for 2003. 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 management guidelines and objectives adopted by the Fish and Wildlife Commission and is consistent with compact action of December 18, 2002. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: [No information supplied by agency.]
Effective Date of Rule: January 7, 2003, 12 noon.

December 30, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-33-01000Y   Columbia River season below Bonneville.   Notwithstanding the provision 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 Tuesday January 7, 2003 to 6:00 p.m. Wednesday, January 8, 2003

Noon Tuesday January 14, 2003 to 6:00 p.m. Wednesday, January 15, 2003

Noon Tuesday January 21, 2003 to 6:00 p.m. Wednesday, January 22, 2003

Noon Tuesday January 28, 2003 to 6:00 p.m. Wednesday, January 29, 2003

Noon Tuesday February 4, 2003 to 6:00 p.m. Wednesday, February 5, 2003

Noon Tuesday February 11, 2003 to 6:00 p.m. Wednesday, February 12, 2003

GEAR: 9 inch minimum mesh and 9-3/4 inch maximum mesh

ALLOWABLE SALE: Sturgeon and adipose fin-clipped salmon.

SANCTUARIES: Sandy River.

OTHER: Quick reporting required for Washington wholesale dealers, WAC 220-69-240.

MISCELLANEOUS: 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 12, 2003:


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

Washington State Code Reviser's Office