WSR 01-16-082

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-142 -- Filed July 25, 2001, 3:50 p.m. , effective August 5, 2001 ]

     Date of Adoption: July 25, 2001.

     Purpose: Commercial fishing regulations.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000W; and amending WAC 220-33-010.

     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: Harvestable numbers of sturgeon remain on the non-Indian commercial allocation for 2001 for the twelve hour fishery from Zone 1 to Longview Bridge. The season provides the commercial industry access to a portion of their sturgeon allocation during a time frame when salmon and steelhead are not present in large numbers, and provides maximum economic benefits. This season is consistent with the precepts of the "Joint State Accord on 2000-2002 Columbia River Sturgeon Fishery Management" between the states of Washington and Oregon, and was discussed during the North of Falcon process. This rule is consistent with actions of the Columbia River Compact on January 25, 2001, and is included in the states biological assessment of ESA listed stocks. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: August 5, 2001.

July 25, 2001

Jim Lux

for Jeff Koenings

Director


NEW SECTION
WAC 220-33-01000W   Columbia River season below Bonneville.   Notwithstanding the provision of WAC 220-33-010, and 220-33-020, it is unlawful for a person to take or possess salmon or sturgeon taken for commercial purposes from Columbia River Salmon Management and Catch Reporting Areas 1A, 1B, 1C, 1D, and 1E, except as provided in the following subsections.

     1) OPEN AREA: SMCRA 1A, 1B, and 1C upstream to the Longview Bridge

     a) SEASON: 7:00 p.m. Sunday, August 5, 2001 to 7:00 a.m. Monday, August 6, 2001

     b) GEAR: 9 inch minimum mesh and 9-3/4 inch maximum mesh.

     c) ALLOWABLE SALE: Salmon and sturgeon.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 7:01 a.m. August 6, 2001:


WAC 220-33-01000W Columbia River season below Bonneville.

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