WSR 06-12-027

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-123 -- Filed May 30, 2006, 4:17 p.m. , effective May 30, 2006 ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-03000B; 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: Prohibits salmon nets onboard the vessel when both the shad fishery and the salmon fishery are in place. Harvestable numbers of shad are expected in 2006. Incidental impacts to nontarget species are small. This rule is consistent with actions of the Columbia River compact hearing of January 26 and May 30, 2006, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: May 30, 2006.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-33-03000B   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:

Area: Area 2S. True north/south line through Light #50 near the mouth of the Sandy River upstream to the commercial fishing boundary near Beacon Rock.

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

Immediately - June 2, 2006

June 5 - June 9, 2006

June 12 - June 16, 2006

June 19 - June 23, 2006

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. Salmon nets are not allowed on the vessel when both shad and salmon periods are opened.

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.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-33-03000A Commercial shad -- Columbia River. (06-115)

The following section of the Washington Administrative Code is repealed effective 10:01 p.m. June 23, 2006:


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

Washington State Code Reviser's Office