WSR 02-02-025

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-282 -- Filed December 21, 2001, 4:29 p.m. , effective January 7, 2002, 12 noon ]

     Date of Adoption: December 21, 2001.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000H; and amending WAC 220-33-010.

     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: Harvestable numbers of sturgeon are available. The fishery will provide an opportunity for the commercial fishers to harvest a portion of their sturgeon allocation during a time frame when impacts to salmonids is minimal. Regulation is consistent with the Joint State Sturgeon Accord adopted by the Fish and Wildlife Commission and is consistent with compact action of December 12, 2001. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 7, 2002, 12 noon.

December 21, 2001

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-33-01000H   Columbia River season below Bonneville.   Notwithstanding the provision of WAC 220-33-010, and 220-33-020, it is unlawful for a person to take or possess salmon or sturgeon taken for commercial purposes from Columbia River Salmon Management and Catch Reporting Areas 1A, 1B, 1C, 1D, and 1E, except as provided in the following subsections.

     AREA: SMCRA 1A, 1, 1C, 1D, and 1E

     SEASON: Noon Monday January 7, 2002 to 6:00 p.m. Tuesday, January 8, 2002

     Noon Thursday January 10, 2002 to 6:00 p.m. Friday January 11, 2002

     Noon Monday January 14, 2002 to 6:00 p.m. Tuesday, January 15, 2002

     Noon Thursday January 17, 2002 to 6:00 p.m. Friday January 18, 2002

     Noon Monday January 21, 2002 to 6:00 p.m. Tuesday, January 22, 2002

     Noon Thursday January 24, 2002 to 6:00 p.m. Friday January 25, 2002

     Noon Monday January 28, 2002 to 6:00 p.m. Tuesday, January 29, 2002

     Noon Thursday January 31, 2002 to 6:00 p.m. Friday February 1, 2002

     GEAR: 9 inch minimum mesh and 9-3/4 inch maximum mesh

     ALLOWABLE SALE: Sturgeon and adipose fin-clipped salmon.

     SANCTUARIES: Sandy River.

     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.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed effective 6:01 p.m. February 1, 2002:


WAC 220-33-01000H Columbia River seasons below Bonneville.

© Washington State Code Reviser's Office