EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: December 22, 1999.
Purpose: Commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-04000I; 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: The smelt return to the Columbia River basin is expected to be poor in 2000. The fishery is similar to the standard test fishery adopted in 1998 and 1999 and is designed to limit impact on broodstock while providing important stock status and biological information. The fishery is very conservative and limits the freshwater impact rate to less than 5% of the run entering the Columbia River. The Washington tributaries will remain closed. The rule for the Columbia River is consistent with the actions of the Columbia River Compact of December 21, 1999. There is insufficient time to promulgate permanent regulations.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 26, 1999, 12:01 a.m.
December 22, 1999
J. P. Koenings
Director
by Larry Peck
Notwithstanding the provisions of WAC 220-33-040 and WAC 220-20-010, effective 12:01 a.m. December 26, 1999 through March 31, 2000, the Columbia River and Washington tributaries are closed to commercial fishing for smelt except under the following provisions:
Dates: Wednesdays, from 7 a.m. to 7 p.m. December 29, 1999 through February 16, 2000
Area: Columbia River only in SMCRA 1A, 1B, 1C, 1D, 1E.
Gear: Gill nets, dipnets and trawl nets.
Allowable sales: Smelt.
Sanctuaries: Standard river mouth sanctuaries.
Other: During open salmon and/or sturgeon seasons fishers may have stored onboard their boats, while fishing, smelt gill nets; and while smelt fishing, fishers may have stored onboard their boats, gill nets of a size that meets the commercial salmon/sturgeon mesh size, weight, and length restrictions for the open salmon/sturgeon season.
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The following section of the Washington Administrative Code
is repealed effective 12:01 a.m. April 1, 2000:
| WAC 220-33-04000I | Smelt -- Area and seasons |