WSR 02-11-014

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-83 -- Filed May 3, 2002, 4:15 p.m. , effective May 20, 2002, 3:00 p.m. ]

Date of Adoption: May 3, 2002.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-03000S; and amending WAC 220-33-030.

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: This regulation sets the standard shad commercial fishery in the lower Columbia River. Harvestable numbers of shad are expected in 2002. This rule is consistent with actions of the Columbia River compact hearing of January 31, 2002, and is consistent with requirements of the ESA. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 20, 2002, 3:00 p.m.

May 3, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-33-03000S   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

Area: Area 2S

Dates: Daily, 3:00 p.m. to 10:00 p.m. from:

May 20 - May 24, 2002

May 28 - May 31, 2002

June 3 - June 7, 2002

June 10 - June 14, 2002

June 17 - June 21, 2002

June 24 - June 28, 2002

Gear: Single-wall, unslackened, floater gill net, with breaking strength of less than 10 pounds.

Mesh size: 5 3/8 inches to 6 1/4 inches.

The net may not exceed 150 fathoms in length nor 40 meshes in depth.

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 10:01 p.m. June 28, 2002:


WAC 220-33-02000S Commercial shad -- Columbia River.

Washington State Code Reviser's Office