EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: May 3, 2002.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-03000S; and amending WAC 220-33-030.
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: This regulation sets the standard shad commercial fishery in the lower Columbia River. Harvestable numbers of shad are expected in 2002. This rule is consistent with actions of the Columbia River compact hearing of January 31, 2002, and is consistent with requirements of the ESA. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.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:
May 20, 2002, 3:00 p.m.
May 3, 2002
J. P. Koenings
Director
by Larry Peck
FISHING PERIODS
Area: Area 2S
Dates: Daily, 3:00 p.m. to 10:00 p.m. from:
May 20 - May 24, 2002
May 28 - May 31, 2002
June 3 - June 7, 2002
June 10 - June 14, 2002
June 17 - June 21, 2002
June 24 - June 28, 2002
Gear: Single-wall, unslackened, floater gill net, with breaking strength of less than 10 pounds.
Mesh size: 5 3/8 inches to 6 1/4 inches.
The net may not exceed 150 fathoms in length nor 40 meshes in depth.
Allowable Sale: During the fishing periods provided in this section, only shad may be kept and sold. All salmonids, walleye and sturgeon must be immediately returned to the water and those alive must be released unharmed.
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The following section of the Washington Administrative Code is repealed effective 10:01 p.m. June 28, 2002:
| WAC 220-33-02000S | Commercial shad -- Columbia River. |