WSR 05-02-003

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-326 -- Filed December 22, 2004, 1:59 p.m. , effective January 18, 2005 ]


Purpose: Amend commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000Q and 220-33-01000R; 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: Sets the winter season sturgeon fishery. Season is consistent with the 2003-2005 sturgeon fishery management plan. Landings are expected to stay within the harvest guideline of 1,800 fish for this season. Regulation is consistent with compact action of December 16, 2004. There is insufficient time to promulgate permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: December 22, 2004.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-33-01000R   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. Tuesday January 18, 2005 to 6:00 a.m. Wednesday, January 19, 2005

6:00 a.m. Tuesday January 25, 2005 to 6:00 a.m. Wednesday, January 26, 2005

6:00 a.m. Tuesday February 1, 2005 to 6:00 a.m. Wednesday, February 2, 2005

6:00 a.m. Tuesday February 8, 2005 to 6:00 a.m. Wednesday, February 9, 2005

6:00 a.m. Tuesday February 15, 2005 to 6:00 a.m. Wednesday, February 16, 2005

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 220-33-01000Q Columbia River season below Bonneville. (03-287)

The following section of the Washington Administrative Code is repealed effective 6:01 a.m. February 16, 2004:


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

Washington State Code Reviser's Office