WSR 03-02-017

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-303 -- Filed December 20, 2002, 4:02 p.m. , effective January 1, 2003 ]

     Date of Adoption: December 20, 2002.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-04000S; 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 fishery regulations are consistent with Level 3 fisheries in the "Washington and Oregon Eulachon Management Plan" for the Columbia River. Improved ocean conditions are expected to benefit smelt returns, and abundance in 2003 is expected to be consistent with Level 3 fisheries. Rule is consistent with Columbia River compact action of December 18, 2002. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 1, 2003.

December 20, 2002

J. P. Koenings

Director


NEW SECTION
WAC 220-33-04000S   Smelt--Areas and seasons   Notwithstanding the provisions of WAC 220-33-040, effective January 1, 2003 through March 31, 2003, the Columbia River and Washington tributaries are closed to fishing for smelt except under the following provisions:


1) Area: Columbia River
Dates: Sundays, Tuesdays, Thursdays, Fridays 3:00 a.m. to 9:00 p.m. daily
Gear: Gillnets, dipnets and trawl nets.
Allowable sales: Smelt.
Other: Quick reporting required for Washington wholesale dealers, WAC 220-69-240.
Miscellaneous: 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) Area: Cowlitz River downstream of Peterson's Eddy
Kalama River downstream from Modrow Bridge
Lewis River mainstem and north fork downstream from the overhead powerlines near Eagle Island.
Dates: 6:00 p.m. Sundays to 6:00 a.m. Mondays
6:00 p.m. Tuesdays to 6:00 a.m. Wednesdays
6:00 p.m. Wednesdays to 6:00 a.m. Thursdays
Gear: Dipnets.
Allowable sales: Smelt.
Other: Quick reporting required for Washington wholesale dealers, WAC 220-69-240.

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REPEALER


     The following section of the Washington Administrative Code is repealed effective April 1, 2003:


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

© Washington State Code Reviser's Office