WSR 01-06-005

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-26 -- Filed February 22, 2001, 4:50 p.m. , effective February 24, 2001, 12:01 a.m. ]

Date of Adoption: February 22, 2001.

Purpose: Amend personal use fishing rules.

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

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: Commercial test fishing with small mesh gillnet on the lower Columbia River has indicated this year's smelt return may be one of the strongest in years. The fishery on the Cowlitz River is designed to limit impact on broodstock while providing important stock status and biological information. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: February 24, 2001, 12:01 a.m.

February 22, 2001

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-27000I   Smelt -- Area and seasons.   Notwithstanding the provisions of WAC 220-56-270, WAC 220-56-240 and WAC 220-56-275, effective 12:01 a.m. February 24, 2001 through March 31, 2001, the Washington Columbia River and tributaries are closed to fishing for smelt except under the following provisions:

     (1) Columbia River - Those waters of the Columbia river from the Buoy 10 line upstream to 600 feet below the fish ladder at the new Bonneville Dam powerhouse are open seven days a week,

24 hours a day.

     (2) Cowlitz River - Open 6:00 a.m. to 10:00 p.m. Saturdays only. Immediately through March 31, 2001.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. February 24, 2001:


WAC 220-56-27000H Smelt -- Areas and seasons. (00-259)

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. April 1, 2001:


WAC 220-56-27000I Smelt -- Areas and seasons.

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