EMERGENCY RULES
FISH AND WILDLIFE
Effective Date of Rule: Immediately.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-03000Z and 220-33-03000A; and amending WAC 220-33-030.
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: Closes the Area 2S shad fishery while the commercial fishing period for salmon [stays] in place. Harvestable numbers of shad are expected in 2006. Incidental impacts to nontarget species are small. This rule is consistent with actions of the Columbia River compact hearing of January 26 and May 22, 2006, and is consistent with requirements of the ESA. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 23, 2006.
J. P. Koenings
Director
by Larry Peck
Area: Area 2S. True north/south line through Light #50 near the mouth of the Sandy River upstream to the commercial fishing boundary near Beacon Rock.
Dates: Daily, 3:00 p.m. to 10:00 p.m. from:
Immediately - May 26, 2006, EXCEPT closed May 23 and May 25.
May 30 - June 2, 2006
June 5 - June 9, 2006
June 12 - June 16, 2006
June 19 - June 23, 2006
Gear: Single wall, unslackened, floater gill net, with breaking strength of less than 10 pounds.
Mesh size: 5 3/8 inches to 6 1/4 inches. The net may not exceed 150 fathoms in length nor 40 meshes in depth.
Allowable Sale: During the fishing periods provided in this section, only shad may be kept and sold. All salmonids, walleye and sturgeon must be immediately returned to the water and those alive must be released unharmed.
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The following section of the Washington Administrative Code is repealed:
| WAC 220-33-03000Z | Commercial shad -- Columbia River. (06-78) |
The following section of the Washington Administrative Code is repealed effective 10:01 p.m. June 23, 2006:
| WAC 220-33-03000A | Commercial shad -- Columbia River. |