WSR 14-06-095 EMERGENCY RULES DEPARTMENT OF
FISH AND WILDLIFE
[Order 14-52—Filed March 4, 2014, 4:56 p.m., effective March 8, 2014, 6:00 a.m.] Effective Date of Rule: March 8, 2014, 6:00 a.m.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-27000L; and amending WAC 220-56-270.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.04.055, and 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: Sets one additional day of recreational smelt dipping opportunity in the Cowlitz River. The eulachon return was delayed due to cold river temperatures that caused the fish to hold in the warmer Columbia River estuary for most of February. The fish only showed up in the Cowlitz River on the final day of the original four-day season (Saturdays from February 8 through March 1). This year will be the fourth year of significantly improved smelt returns to the Columbia River beginning in 2011. Even with the one day extension to the sport season, combined sport and commercial harvest is expected to not exceed one percent of the total run size forecasted for 2014. The fishery serves as an important test fishery to monitor run strength and timing and to collect biological data. The regulations are consistent with a reduced level one fishery as described in the "Washington and Oregon Eulachon Management Plan" for the Columbia River.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 4, 2014.
Philip Anderson
Director
NEW SECTION
WAC 220-56-27000L Smelt—Areas and seasons.
Notwithstanding the provisions of WAC 220-56-270, WAC 220-56-240, WAC 220-56-265, and WAC 220-56-275, it is unlawful to fish for or possess eulachon smelt in those waters of the Columbia River and Washington tributaries except as provided below:
Open Area: Cowlitz River (bank only).
Open Dates: Saturday March 8, 2014
Hours: 6:00 a.m. to 12:00 p.m.
Daily limit: 10 pounds. Possession limit equal to one daily limit.
Gear: Dip net only.
REPEALER
The following section of the Washington Administrative Code is repealed effective 12:01 p.m. March 8, 2014:
| ||||