WSR 03-02-018

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-304 -- Filed December 20, 2002, 4:04 p.m. , effective January 1, 2003 ]

     Date of Adoption: December 20, 2002.

     Purpose: Amend personal use fishing rules.

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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

December 20, 2002

J. P. Koenings

Director


NEW SECTION
WAC 220-56-27000N   Smelt--Areas and seasons   Notwithstanding the provisions of WAC 220-56-270, WAC 220-56-240, WAC 220-56-275, effective January 1, 2003 through March 31, 2003, it is unlawful to fish for or possess smelt in those waters of the Columbia River and tributaries except under the following provisions:

1) Area: Mainstem Columbia River, below Bonneville Dam.
Dates: Open 7 days/week
Hours: 24 hours per day
Daily limit: 10 pounds
Gear: Dipnets
2) Area: Washington Columbia River tributaries, below Bonneville Dam.
Dates: Open 7 days/week
Hours: 6:00 a.m. to 10:00 p.m. daily
Daily limit: 10 pounds
Gear: Dipnets

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REPEALER


     The following section of the Washington Administrative Code is repealed effective April 1, 2003:


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

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