WSR 01-06-050

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-29 -- Filed March 6, 2001, 4:20 p.m. ]

Date of Adoption: March 5, 2001.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-27000I and 220-56-27000J; 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 type gear on the lower Columbia River and tributary dipnet fisheries indicates this year's smelt return may be one of the strongest in years. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

March 5, 2001

Sara G. LaBorde

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-56-27000J   Smelt -- Area and seasons.   Notwithstanding the provisions of WAC 220-56-270, WAC 220-56-240 and WAC 220-56-275, effective immediately 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. Immediately through March 31, 2001.

     (2) Columbia River tributaries downstream of Bonneville Dam - Open 6:00 a.m. to 10:00 p.m. Saturdays, Sundays and Wednesdays only. Immediately through March 31, 2001.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-27000I Smelt -- Areas and seasons. (01-26)


     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. April 1, 2001:


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

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