WSR 06-18-017

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-221 -- Filed August 24, 2006, 2:36 p.m. , effective August 24, 2006 ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000R and 220-33-01000S; 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: Modifies the area and time of the second period of the late August fishery to reduce the expected catch. Stock composition of the catch for early-mid August exceeded preseason expectations. Season is consistent with the 2005-2007 interim management agreement, the 2006 non-Indian allocation agreement and commercial sturgeon harvest guidelines adopted for 2006. Harvestable numbers of salmon and sturgeon are available. Regulation is consistent with compact action of August 23, 2006. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: August 24, 2006.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-33-01000S   Columbia River season below Bonneville.   Notwithstanding the provisions 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.

1. SEASON:

a. 12:01 a.m. to 6:00 a.m. Friday August 25, 2006

2. AREA: SMCRA 1D upstream of the I-205 Bridge and 1E

3. GEAR: Drift gill nets only. Mono-filament gear is allowed. 9-inch minimum mesh and 9-3/4 inch maximum mesh.

4. ALLOWABLE SALE: Salmon and sturgeon. A maximum of seven white sturgeon may be possessed or sold by each participating vessel during each calendar week (Sunday through Saturday) that the fishery is open. The sturgeon possession/sales limit includes both mainstem and Select Area fisheries. Green sturgeon retention is prohibited.

5. SANCTUARIES: Washougal and Sandy Rivers.

6. OTHER: Quick reporting required for Washington wholesale dealers, WAC 220-69-240.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-33-01000R Columbia River season below Bonneville. (06-215)

The following section of the Washington Administrative Code is repealed effective 6:00 a.m. August 25, 2006:


WAC 220-33-01000S Columbia River season below Bonneville.

Washington State Code Reviser's Office