WSR 15-04-056 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-18—Filed January 29, 2015, 3:05 p.m., effective February 2, 2015, 6:00 a.m.] Effective Date of Rule: February 2, 2015, 6:00 a.m.
Purpose: Amend Puget Sound commercial smelt rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-27000M; and amending WAC 220-56-270.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.04.055, 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: Sets a limited sport fishery for eulachon smelt. The regulations are consistent with a reduced level one fishery as described in the "Washington and Oregon Eulachon Management Plan" for the Columbia River. Returns of eulachon to the Columbia River have improved since 2010, with a large return expected in 2015. The fishery serves as an important test fishery to monitor run strength and timing and to collect biological data. NOAA fisheries concurs that the limited fishery is consistent with recovery of eulachon smelt. Rule is consistent with Columbia River compact action of January 28, 2015. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 29, 2015.
Philip Anderson
Director
NEW SECTION
WAC 220-56-27000M Smelt—Areas and seasons.
Notwithstanding the provisions of WAC 220-56-270, WAC 220-56-240, WAC 220-56-265, and WAC 220-56-275, effective February 7 through February 14, 2015, it is unlawful to fish for or possess eulachon smelt in those waters of the Columbia River and Washington tributaries except as provided below:
Open Dates: Saturday February 7 and Saturday February 14, 2015.
Hours: 6:00 a.m. to 12:00 p.m. (Noon) each Saturday (6-hour periods).
Open Area: Cowlitz River (bank only).
Daily limit: 10 pounds. Possession limit equal to one daily limit.
Gear: Dip net.
REPEALER
The following section of the Washington Administrative Code is repealed effective 12:01 p.m. February 14, 2015:
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