WSR 97-11-045

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-73--Filed May 16, 1997, 4:32 p.m., effective May 19, 1997, 4:00 a.m.]

Date of Adoption: May 13, 1997.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-03000K; and amending WAC 220-33-030.

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 latest run size updates indicate that harvestable numbers of shad will be returning, and can be taken without adverse impact on ESA listed stocks or salmonid stocks of concern. This rule is consistent with recommendations of the Columbia River Compact. There is insufficient time to promulgate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: May 19, 1997, 4:00 a.m.

May 13, 1997

Bern Shanks

Director

NEW SECTION

WAC 220-33-03000K Commercial shad--Columbia River. Notwithstanding the provisions of WAC 220-33-030, it is unlawful to take, fish for, or possess shad taken for commercial purposes except as provided for in this section:

fishing periods

(1) Shad Areas 2S is open daily, 3:00 p.m. to 10:00 p.m. from:

May 27 - May 30, 1997;

June 2 - June 6, 1997;

June 9 - June 13, 1997;

June 16 - June 20, 1997;

June 23 - June 27, 1997.

(2) The Camas-Washougal Reef Area is open weekly, 4:00 a.m. Mondays to midnight Fridays from:

May 19 - May 23, 1997;

May 27 - May 30, 1997;

June 2 - June 6, 1997;

June 9 - June 13, 1997;

June 16 - June 20, 1997;

June 23 - June 27, 1997;

June 30, 1997.

gear

(3) Gill net gear may be used to fish for shad as provided in WAC 220-33-030(1), except that in Area 2S the net may not exceed 150 fathoms in length nor 40 meshes in depth and that in the Camas-Washougal Reef Area the webbing of the gear may be constructed of mesh having a breaking strength of less than 30 pounds.

general

(4) 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.

[]

REPEALER

The following section of the Washington Administrative code is repealed effective 11:59 p.m. June 30, 1997: