WSR 97-05-041

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-16--Filed February 14, 1997, 4:55 p.m.]

Date of Adoption: February 14, 1997.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-04000C; 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: Sufficient smelt are present for one day of additional fishing in the Columbia River and mainstem tributaries. There is insufficient time to promulgate permanent rules and allow for smelt harvest.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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 14, 1997

Dirk Brazil

for Bern Shanks, Ph.D.

Director

NEW SECTION

WAC 220-33-04000D 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. February 18 through 6:00 p.m. February 19, 1997

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

6:00 a.m. February 20 through 6:00 p.m. February 21, 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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REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 220-33-04000C Smelt seasons---Lower Columbia River and tributaries (97-12)

Legislature Code Reviser

Register

Washington State Code Reviser's Office