WSR 10-06-072

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-44 -- Filed February 26, 2010, 11:21 a.m. , effective February 28, 2010 ]


Effective Date of Rule: February 28, 2010.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-27000F; and amending WAC 220-56-270.

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: Restrictive sport fisheries for eulachon smelt were adopted for the Columbia River in accordance with the Washington and Oregon eulachon management plan. Eulachon are entering some Washington coastal rivers this year. This regulation provides additional protection to the population segment by prohibiting all sport fishing for eulachon smelt other than in the Columbia River. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 26, 2010.

Philip Anderson

Director


NEW SECTION
WAC 220-56-27000G   Smelt -- Areas and seasons.   (1) Notwithstanding the provisions of WAC 220-56-270, effective February 28, 2010 until further notice, it is unlawful to fish for or possess eulachon smelt in any river except under the following provisions:

(1) Area: Mainstem Columbia River below Bonneville Dam

Open Dates: 7 days/week through March 31, 2010

Hours: 24 hours per day

Daily limit: 10 pounds; the possession limit is equal to the daily limit

Gear: Dipnets

(2) Area: All other rivers

Open dates: Closed

[]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER


The following section of the Washington Administrative Code is repealed effective February 28, 2010:

WAC 220-56-27000F Smelt -- Areas and seasons. (10-15)

Washington State Code Reviser's Office