WSR 14-11-019 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 14-106—Filed May 9, 2014, 11:54 a.m., effective May 10, 2014] Effective Date of Rule: May 10, 2014.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-03000I; and amending WAC 220-33-030.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, and 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: Rules allow sales of shad when caught under an experimental gear permit issued by the state of Oregon. Washington supports innovative fishing techniques for shad. Incidental impacts to nontarget species are expected to be minimal, and are covered in a biological opinion. This rule is consistent with requirements of the Endangered Species Act. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 9, 2014.
Philip Anderson
Director
NEW SECTION
WAC 220-33-03000I Commercial shad—Columbia River.
Notwithstanding the provisions of WAC 220-33-030, effective immediately until further notice, it is unlawful to violate the provisions below. Unless otherwise amended, all permanent rules remain in effect:
Mainstem Columbia River
(1) Stipulations: Shad may be taken and sold for commercial purposes with experimental fishing gear. A permit issued by the State of Oregon as described in the Oregon Administrative Rule 635-006-0020 is required to use experimental gear types for shad. Conditions under which shad may be taken and sold for commercial purposes will be specified in the permit.
(2) Area: SMCRA 1A-1E
(3) Season: May 10 through July 31, 2014
(4) Gear: experimental, including but not limited to purse seines
(5) Allowable sales: Only shad may be kept and sold. All salmonids, sturgeon, and nontarget species taken as incidental catch in operation of such gear shall immediately, with care and least possible injury, be released and transferred to the water without violence.
REPEALER
The following section of the Washington Administrative Code is repealed effective August 1, 2014:
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