WSR 05-01-177

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-324 -- Filed December 21, 2004, 2:09 p.m. , effective January 1, 2005, 12:01 a.m. ]


     

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-27000W; 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 2 fisheries in the Washington and Oregon Eulachon Management Plan for the Columbia River. There are both positive and negative indicators for run strength in 2005. Abundance is expected to be moderate to strong and consistent with Level 2 fisheries. Rule is consistent with Columbia River joint hearing of December 16, 2004. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: December 21, 2004.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-27000W   Smelt -- Areas and seasons   Notwithstanding the provisions of WAC 220-56-270, WAC 220-56-240, WAC 220-56-275, effective January 1, 2005 through March 31, 2005, 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

     Open Dates: 7 days/week

     Hours: 24 hours per day

     Daily limit: 25 pounds, possession limit 25 pounds

     Gear: Dipnets

     2) Area: Grays River, Cowlitz River, Kalama River and Lewis River

     Open Dates: Tuesdays and Saturdays

     Hours: 6:00 a.m. to 10:00 p.m. daily

     Daily limit: 10 pounds

     Gear: Dipnets

[]


REPEALER

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. April 1, 2005:


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

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