WSR 98-04-067

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-14--Filed February 2, 1998, 3:23 p.m.]

Date of Adoption: February 2, 1998.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-04000E; and amending WAC 220-33-040.

Statutory Authority for Adoption: RCW 75.08.080.

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: Smelt returns are projected to be poor in 1998. To date there have been no significant returns of smelt to Washington tributaries and a conservative approach is necessary for smelt management in 1998. Closure of the commercial smelt fishery in the Washington tributaries will provide protection to the tributary spawners and is consistent with the action of the Department of Fish and Wildlife to close the recreational smelt fishery. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Immediately.

February 2, 1998

Dirk Brazil

for Bern Shanks

Director

NEW SECTION

WAC 220-33-04000F Smelt seasons--Lower Columbia River and tributaries. Notwithstanding the provisions of WAC 220-33-040, effective 12:01 a.m. February 2, 1998, until further notice it is unlawful to commercially fish for smelt in the Lower Columbia River and the Columbia River tributaries as defined in WAC 220-16-400 except as provided for in this section:

(1) The mainstem of the Lower Columbia River is open only:

6:00 a.m. to 6:00 p.m. Mondays and Fridays from January 30 to February 13, 1998.

(2) Allowable sale: Smelt

(3) Except for the seasons provided for in this section, all other provisions of WAC 220-33-040 remain in effect.

[]

REPEALER

The following section of the Washington Administrative Code is repealed effective 11:59 p.m. February 1, 1998: