WSR 01-07-047

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-41 -- Filed March 16, 2001, 1:05 p.m. , effective March 19, 2001, 6:00 p.m. ]

Date of Adoption: March 15, 2001.

Purpose: Amend commercial fishing rules.

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

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: The smelt return to the Cowlitz River is better than the preseason expectations and landings to date and test fishery CPUE justifies an expanded fishery. The fishery is consistent with the draft "Washington and Oregon Eulachon Management Plan" and is consistent with the large run in the Cowlitz River this year. The other Washington tributaries will remain closed. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 19, 2001, 6:00 p.m.

March 15, 2001

Evan Jacoby

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-33-04000M   Smelt -- Area and seasons.   Notwithstanding the provisions of WAC 220-33-040, effective March 19 through March 31, 2001, the Columbia River and Washington tributaries are closed to fishing for smelt for commercial purposes except under the following provisions:

     1) Columbia River

     a) Area: SMCRA 1A, 1B, 1C, 1D, 1E.

     b) Day/Time: Mondays and Wednesdays, from 3:00 a.m. to 9:00 p.m.

     c) Gear: Gillnets, dipnets and trawl nets.

     d) Allowable sales: Smelt.

     e) Sanctuaries: Standard river mouth sanctuaries.

     f) Other: Notwithstanding the provisions of WAC 220-20-010, during open salmon and/or sturgeon seasons fishers may have stored onboard their boats, while fishing, smelt gill nets; and while smelt fishing, fishers may have stored onboard their boats, gill nets of a size that meets the commercial salmon/sturgeon mesh size, weight, and length restrictions for the open salmon/sturgeon season.

     2) Cowlitz River

     a) Area: Cowlitz River downstream from Peterson's Eddy.

     b) Day/Time: Sunday-Monday, Monday-Tuesday, and Tuesday-Wednesday 6:00 p.m. to 6:00 a.m.

     c) Gear: Dipnets.

     d) Allowable sales: Smelt.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 6:00 p.m. March 19, 2001:


WAC 220-33-04000L Smelt -- Areas and seasons. (00-30)

     The following section of the Washington Administrative Code is repealed effective March 31, 2001:


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

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