WSR 98-24-041

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-243--Filed November 24, 1998, 3:32 p.m., effective December 1, 1998, 12:01 a.m.]

Date of Adoption: November 24, 1998.

Purpose: Commercial and recreational fishing regulations.

Citation of Existing Rules Affected by this Order: Amending WAC 220-33-040 and 220-56-270.

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: Smelt returns are projected to be poor in 1999 for the seventh consecutive year. Staff will be proposing test fishing only initially. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: December 1, 1998, 12:01 a.m.

November 24, 1998

Larry W. Peck

Acting Director

NEW SECTION

WAC 220-33-04000G  Smelt seasons--Columbia River tributaries. Notwithstanding the provisions of WAC 220-33-040, effective 12:01 a.m. December 1, 1998, until further notice, it is unlawful to take, fish for or possess smelt taken for commercial purposes in all tributaries to the Columbia River.

[]

NEW SECTION

WAC 220-56-27000C  Smelt--Areas and seasons. Notwithstanding the provisions of WAC 220-56-270, effective 12:01 a.m. December 1, 1998, until further notice, it is unlawful to take, fish for or possess smelt in all tributaries to the Columbia River.

[]