EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: December 21, 2000.
Purpose: Amend commercial and personal use fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-04000K and 220-56-27000H; and amending WAC 220-33-040 and 220-56-270.
Statutory Authority for Adoption: RCW 77.12.047.
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 proposed fisheries are consistent with the smelt policy that has been adopted by the Fish and Wildlife Commission. These fisheries began at level One, which is the most conservative level. The Columbia River fishery is similar to those adopted in 1998-2000 and is designed to limit impact on broodstock while providing important stock status and biological information. The rule for the Columbia River is consistent with actions of the Columbia River Compact of December 18, 2000. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.
December 21, 2000
Evan Jacoby
for Jeff P. Koenings
Director
| 1) | Columbia River | |
| a) Area: | SMCRA 1A, 1B, 1C, 1D, 1E. | |
| b) Day/Time: | Wednesdays, from 3:00 a.m. to 9:00 p.m. | |
| c) Gear: | Gillnets, dipnets and trawl nets. | |
| d) Allowable sales: | Smelt. | |
| e) Sanctuaries: | Standard river mouth sanctuaries. | |
| f) Other: | Notwithstanding the provisions of WAC 220-20-010, 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. | |
| 2) | Cowlitz River | |
| a) Area: | Cowlitz River downstream from Peterson's Eddy. | |
| b) Day/Time: | 3:00 p.m. Tuesdays to 3:00 a.m. Wednesdays | |
| c) Gear: | Dipnets. | |
| d) Allowable sales: | Smelt. |
[]
The following section of the Washington Administrative Code
is repealed effective 9:01 p.m. March 28, 2000:
| WAC 220-33-04000K | Smelt -- Area and seasons. |
Cowlitz River only. 6:00 a.m. to 10:00 p.m. Saturdays only. January 6, 2001 through March 31, 2001.
[]
The following section of the Washington Administrative Code
is repealed effective 10:01 p.m. March 31, 2001:
| WAC 220-56-27000H | Smelt -- Area and seasons. |