WSR 06-02-026

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-285 -- Filed December 23, 2005, 2:16 p.m. , effective December 23, 2005 ]


     Effective Date of Rule: Immediately.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000T and 220-33-01000U; 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 Washington fish and wildlife commission guidance for 2006-2008 sturgeon fishery management. Landings are expected to stay within the harvest guideline of 1,600 fish for this season. Regulation is consistent with compact action of December 15, 2005. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 23, 2005.

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-33-01000U   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 p.m. Tuesday January 10, 2006 to 6:00 p.m. Wednesday, January 11, 2006

     6:00 p.m. Tuesday January 17, 2006 to 6:00 p.m. Wednesday, January 18, 2006

     6:00 p.m. Tuesday January 24, 2006 to 6:00 p.m. Wednesday, January 25, 2006

     6:00 p.m. Tuesday January 31, 2006 to 6:00 p.m. Wednesday, February 1, 2006

     6:00 p.m. Tuesday February 7, 2006 to 6:00 p.m. Wednesday, February 8, 2006

     6:00 p.m. Tuesday February 14, 2006 to 6:00 p.m. Wednesday, February 15, 2006

     6:00 p.m. Tuesday February 21, 2006 to 6:00 p.m. Wednesday, February 22, 2006

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

     ALLOWABLE SALE: Sturgeon and adipose fin-clipped salmon. Green sturgeon maximum size limit is 60 inches.

     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.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-33-01000T Columbia River season below Bonneville. (05-251)


     The following section of the Washington Administrative Code is repealed effective 6:01 p.m. February 22, 2006:


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