WSR 00-11-046

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-68 -- Filed May 11, 2000, 3:46 p.m. , effective May 15, 2000, 4:00 a.m. ]

Date of Adoption: May 11, 2000.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-03000P; 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: This regulation sets the standard shad commercial fishery in the lower Columbia River. Harvestable numbers of shad are expected in 2000. This rule is consistent with actions of the Columbia River Compact hearing of January 27, 2000, and is consistent with requirements of the ESA. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 15, 2000, 4:00 a.m.

May 11, 2000

Evan Jacoby

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-33-03000P
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 Area 2S is open daily, 3:00 p.m. to 10:00 p.m. from:

May 22 - May 26, 2000

May 30 - June 2, 2000

June 5 - June 9, 2000

June 12 - June 16, 2000

June 19 - June 23, 2000

June 26 - June 30, 2000

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

May 15 - May 19, 2000

May 22 - May 26, 2000

May 30 - June 2, 2000

June 5 - June 9, 2000

June 12 - June 16, 2000

June 19 - June 23, 2000

June 26 - June 30, 2000

Gear: 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 must be constructed of mesh having a breaking strength of less than 30 pounds.

Allowable Sale: 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.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. July 1, 2000:


WAC 220-33-03000P Commercial shad -- Columbia River.

Washington State Code Reviser's Office