WSR 03-04-033

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-07 -- Filed January 27, 2003, 4:12 p.m. ]

Date of Adoption: January 27, 2003.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000Y and 220-33-01000Z; 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: The season that was adopted on December 18, 2002, has been modified to stay within the sturgeon harvest guideline for the winter season fishery. 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 January 24, 2003. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

January 27, 2003

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-33-01000Z   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: 6:00 a.m. to 6:00 p.m. Tuesday January 28, 2003

6:00 a.m. to 6:00 p.m. Tuesday February 4, 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:
WAC 220-33-01000Y Columbia River season below Bonneville. (02-306)

The following section of the Washington Administrative Code is repealed effective 6:01 p.m. February 4, 2003:


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

Legislature Code Reviser 

Register

Washington State Code Reviser's Office