WSR 00-02-005

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-226 -- Filed December 22, 1999, 4:28 p.m. , effective January 10, 2000, 12 noon ]

Date of Adoption: December 22, 1999.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000A; and amending WAC 220-33-010.

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: Harvestable numbers of sturgeon are available. The fishery will provide an opportunity for the commercial fishers to harvest a portion of their sturgeon allocation during a time frame when impacts to salmonids are minimal. This regulation is consistent with the policy recently adopted by the Washington and Oregon Fish and Wildlife Commissions and is also consistent with the compact action of December 21, 1999. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 10, 2000, 12 noon.

December 22, 1999

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-33-01000A
Columbia River season below Bonneville

Notwithstanding the provisions of WAC 220-33-010, 220-33-020, and WAC 220-20-010 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: Noon Monday January 10, 2000 to 6 p.m. Tuesday, January 11, 2000
Noon Thursday January 13, 2000 to 6 p.m. Friday January 14, 2000
Noon Monday January 17, 2000 to 6 p.m. Tuesday, January 18, 2000
Noon Thursday January 20, 2000 to 6 p.m. Friday January 21, 2000
Noon Monday January 24, 2000 to 6 p.m. Tuesday, January 25, 2000
Noon Thursday January 27, 2000 to 6 p.m. Friday January 28, 2000
Noon Monday January 31, 2000 to 6 p.m. Tuesday, February 1, 2000
Noon Thursday February 3, 2000 to 6 p.m. Friday February 4, 2000
Noon Monday February 7, 2000 to 6 p.m. Tuesday, February 8, 2000
Noon Thursday February 10, 2000 to 6 p.m. Friday February 11, 2000
GEAR: 9 inch minimum mesh and 9-3/4 inch maximum mesh

ALLOWABLE SALE: Salmon and sturgeon

SANCTUARIES: Grays, Elokomin (A), Cowlitz, Kalama (A), Lewis (A), Washougal, and Sandy rivers.

OTHER: 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.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 6:01 p.m. February 11, 2000:


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

© Washington State Code Reviser's Office