WSR 05-17-122

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-183 -- Filed August 17, 2005, 4:53 p.m. , effective August 17, 2005 ]


Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000I; 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: Sets an additional fishing period for the early fall commercial fishing season. Harvestable salmon and sturgeon are available. The season is consistent with the 2005-2007 interim management agreement and the 2005 Non-Indian allocation agreement. Impacts to ESA-listed stocks in these fisheries are covered under the biological opinion for the interim management agreement. A biological opinion covering Columbia River fisheries was received from NMFS on May 9, 2005. Rule is consistent with compact action of August 16, 2005. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: August 17, 2005.

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-33-01000J   Columbia River season below Bonneville.   Notwithstanding the provisions of WAC 220-33-010 and 220-33-020, it is unlawful to fish for 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 for in this section:

1. Areas open: 1B, 1C, 1D and 1E.

2. Time and date open: 7:00 p.m. August 17 to 7:00 a.m. August 18, 2005.

3. Lawful gear: Drift gill nets only. 8-inch minimum mesh and 9-3/4 inch maximum mesh.

4. Allowable sale: Salmon and sturgeon only. A maximum of five sturgeon may be possessed or sold from each participating vessel. The five sturgeon limit includes both mainstem and Select Area fisheries.

5. Closed waters: The following sanctuaries are closed: Grays River, Elokomin-A, Cowlitz River, Kalama-A, Lewis-A, Washougal and Sandy Rivers.

6. Miscellaneous provisions: Quick reporting is required for Washington wholesale dealers. WAC 220-69-240.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 7:01 a.m. August 18, 2005:


WAC 220-33-01000J Columbia River season below Bonneville. (05-183)

Washington State Code Reviser's Office