WSR 10-04-015

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-16 -- Filed January 22, 2010, 3:15 p.m. , effective January 22, 2010, 3:15 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-04000E and 220-33-04000F; and amending WAC 220-33-040.

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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 the 2010 commercial smelt season in the Cowlitz River. The regulations are consistent with Level 1 fisheries in the "Washington and Oregon Eulachon Management Plan for the Columbia River." Abundance and productivity indicators project a weak return of smelt for 2010, and the minimal fishing plan adopted serves as a test fishery to monitor run strength and collect biological data. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 22, 2010.

Philip Anderson

Director


NEW SECTION
WAC 220-33-04000F   Smelt -- Areas and seasons.   Notwithstanding the provisions of WAC 220-33-040, effective immediately through March 31, 2010, the Columbia River and Washington tributaries are closed to fishing for smelt except under the following provisions:


1) Area: SMCRA 1A, 1B, 1C, 1D, and 1E (Zones 1-5)

Dates: Mondays and Thursdays, 7:00 a.m. to 2:00 p.m.

Gear: Gillnets, dipnets and trawl nets.

Allowable sales: Smelt.

Other: 24-hour quick-reporting required for Washington wholesale dealers, WAC 220-69-240.


2) Area: Cowlitz River downstream of Peterson's Eddy

Dates: Sundays, February 7, 14, 21, and 28; and Wednesdays, February 3, 10, 17, and 24.

Hours: 7:00 p.m. to 10:00 p.m. each day.

Gear: Dipnets

Allowable sales: Smelt.

Other: 24-hour 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 220-33-04000E Smelt -- Areas and seasons. (09-274)

The following section of the Washington Administrative Code is repealed effective April 1, 2010:


WAC 220-33-04000F Smelt -- Areas and seasons.

Washington State Code Reviser's Office