EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: March 7, 2003.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-04000S and 220-33-04000T; and amending WAC 220-33-040.
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 2003 smelt run size and smelt fishery regulations are consistent with Level 3 fisheries in the "Washington and Oregon Eulachon Management Plan" for the Columbia River. Sufficient numbers of smelt have escaped to spawn and enough smelt remain to allow for four eighteen-hour tributary fishing periods per week to meet commercial marketing needs. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.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.
March 7, 2003
J. P. Koenings
Director
by Larry Peck
1) Area: Columbia River
Dates: Sundays, Tuesdays, Thursdays, Fridays
3:00 a.m. to 9:00 p.m. daily
Gear: Gillnets, dipnets and trawl nets.
Allowable sales: Smelt.
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.
2) Area: Cowlitz River downstream of Peterson's Eddy
Kalama River downstream from Modrow Bridge
Lewis River mainstem and north fork downstream from the overhead powerlines near Eagle Island.
Dates: 4:00 p.m. Sundays to 10:00 a.m. Mondays
4:00 p.m. Tuesdays to 10:00 a.m. Wednesdays
4:00 p.m. Wednesdays to 10:00 a.m. Thursdays
4:00 p.m. Fridays to 10:00 a.m. Saturdays
Gear: Dipnets.
Allowable sales: Smelt.
Other: Quick reporting required for Washington wholesale dealers, WAC 220-69-240.
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The following section of the Washington Administrative Code is repealed:
| WAC 220-33-04000S | Smelt -- Areas and seasons. (02-303) |
The following section of the Washington Administrative Code is repealed effective April 1, 2003:
| WAC 220-33-04000T | Smelt -- Areas and seasons. |