WSR 06-17-121

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-215 -- Filed August 18, 2006, 2:14 p.m. , effective August 21, 2006, 7:00 p.m. ]


Effective Date of Rule: August 21, 2006, 7:00 p.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 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 late-August fall commercial fishing period for 2006. Season is consistent with the 2005-2007 interim management agreement, the 2006 non-Indian allocation agreement and commercial sturgeon harvest guidelines adopted for 2006. Regulation is consistent with compact action of August 17, 2006. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 18, 2006.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-33-01000R   Columbia River season below Bonneville.   Notwithstanding the provisions 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.

1. SEASON:

a. 8:00 p.m. Monday August 21 to 7:00 a.m. Tuesday August 22, 2006

b. 8:00 p.m. Thursday August 24 to 7:00 a.m. Friday August 25, 2006

2. AREA: SMCRA 1C, 1D and 1E on August 21-22 and SMCRA 1D, 1E on August 24-25.

3. GEAR: Drift gill nets only. Mono-filament gear is allowed. 9-inch minimum mesh and 9-3/4 inch maximum mesh.

4. ALLOWABLE SALE: Salmon and sturgeon. A maximum of seven white sturgeon may be possessed or sold by each participating vessel during each calendar week (Sunday through Saturday) that the fishery is open. The sturgeon possession/sales limit includes both mainstem and Select Area fisheries. Green sturgeon retention is prohibited.

5. SANCTUARIES: Cowlitz, Kalama-A, Lewis-A, Washougal and Sandy Rivers.

6. OTHER: Quick reporting required for Washington wholesale dealers, WAC 220-69-240.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 7:01 a.m. August 25, 2006:


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

Washington State Code Reviser's Office