WSR 01-07-046

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-42 -- Filed March 16, 2001, 1:05 p.m. ]

Date of Adoption: March 15, 2001.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-27000J and 220-56-27000K; 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 test fisheries indicate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 15, 2001

Evan Jacoby

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-56-27000K   Smelt -- Area and seasons.   Notwithstanding the provisions of WAC 220-56-270, WAC 220-56-240 and WAC 220-56-275, effective immediately through March 31, 2001, the Washington Columbia River and tributaries are closed to fishing for smelt for personal use 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) Columbia River tributaries downstream of Bonneville Dam - Open 6:00 a.m. to 10:00 p.m. Saturdays, Sundays, Mondays and Wednesdays only.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-27000J Smelt -- Areas and seasons. (01-29)

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. April 1, 2001:


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

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