WSR 97-04-014

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-12--Filed January 27, 1997, 2:35 p.m.]

Date of Adoption: January 27, 1997.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: 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: The harvestable allocation to the Lower Columbia River commercial smelt fishery is less than anticipated in the permanent rules, and conservation of the resource is needed to provide spawning escapement. This rule conforms with recommendations of the Columbia River Compact. There is insufficient time to enact permanent rules to protect the smelt resource.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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

January 27, 1997

Evan Jacoby

for Bern Shanks

Director

NEW SECTION

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

(1) Lower Columbia River tributaries are open only:

6:00 a.m. January 28 through 6:00 p.m. January 29;

6:00 a.m. February 4 through 6:00 p.m. February 5; and

6:00 a.m. February 11 through 6:00 p.m. February 12, 1997.

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

6:00 a.m. January 30 through 6:00 p.m. January 31;

6:00 a.m. February 6 through 6:00 p.m. February 7; and

6:00 a.m. February 13 through 6:00 p.m. February 14, 1997.

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

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