WSR 05-12-003

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-100 -- Filed May 18, 2005, 3:20 p.m. , effective May 18, 2005 ]


Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-03000V and 220-33-03000W; and amending WAC 220-33-030.

Statutory Authority for Adoption: RCW 77.12.240.

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: Opens the Area 2S shad fishery. The spring chinook run size has been upgraded and impacts in this fishery are minor. Harvestable numbers of shad are expected in 2005. Incidental impacts to nontarget species are small. This rule is consistent with actions of the Columbia River compact hearing of January 28, May 10, and May 17, 2005, and is consistent with requirements of the ESA. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: May 18, 2005.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-33-03000W   Commercial shad -- Columbia River.   Notwithstanding the provisions of WAC 220-33-030, it is unlawful to take, fish for or possess shad taken for commercial purposes except as provided for in this section:

Area: Area 2S. True north/south line through Light #50 near the mouth of the Sandy River upstream to the commercial fishing boundary near Beacon Rock.

Dates: Daily, 3:00 p.m. to 10:00 p.m. from:

May 23 - May 27, 2005

May 31 - June 3, 2005

June 6 - June 10, 2005

June 13 - June 17, 2005

June 20 - June 24, 2005

Gear: Single-wall, unslackened, floater gill net, with breaking strength of less than 10 pounds.

Mesh size: 5 3/8 inches to 6 1/4 inches. The net may not exceed 150 fathoms in length nor 40 meshes in depth.

Allowable Sale: During the fishing periods provided in this section, only shad may be kept and sold. All salmonids, walleye and sturgeon must be immediately returned to the water and those alive must be released unharmed.

Area: Washougal Reef. Waters of Zone 4-5 inside a line commencing at the white six-second equal-interval light approximately 3/4 miles east of the Washougal Woolen Mill pipeline and projected westerly to the Washougal blinker light, thence to the four-second blinker light on the east end of Lady Island, thence easterly and along the shoreline of Lady Island to the State Highway 14 Bridge, thence easterly across the State Highway 14 Bridge to the mainland.

Dates: Daily, 8:00 p.m. to 12:00 a.m. from:

Immediately through May 19, 2005

May 22 - May 26, 2005

May 29 - June 2, 2005

June 5 - June 9, 2005

June 12 - June 16, 2005

June 19 - June 23, 2005

Gear: Single-wall, unslackened, floater gill net, with breaking strength of less than 30 pounds.

Mesh size: 5 inches to 6 1/4 inches.

Allowable Sale: During the fishing periods provided in this section, only shad may be kept and sold. All salmonids, walleye and sturgeon must be immediately returned to the water and those alive must be released unharmed.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-33-03000V Commercial shad -- Columbia River. (05-91)

The following section of the Washington Administrative Code is repealed effective 10:00 p.m. June 24, 2005:


WAC 220-33-03000W Commercial shad -- Columbia River.

Washington State Code Reviser's Office