WSR 17-06-020 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 17-34—Filed February 21, 2017, 3:18 p.m., effective February 25, 2017, 8:00 a.m.] Effective Date of Rule: February 25, 2017, 8:00 a.m.
Purpose: Amend recreational smelt fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-27000N; and amending WAC 220-56-270.
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 a limited sport fishery for eulachon smelt. The regulations are consistent with a reduced Level One fishery as described in the "Washington and Oregon Eulachon Management Plan" for the Columbia River. Returns of eulachon to the Columbia River have improved since 2010. The modest return expected in 2017 has been substantiated by results from the ongoing research test fishery in the mainstem Columbia River. The fishery serves as an important test fishery to monitor run strength and timing and to collect biological data. National Oceanic Atmospheric Administration Fisheries concurs that the limited fishery is consistent with recovery of eulachon smelt. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 21, 2017.
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-56-27000N Smelt—Areas and seasons.
Notwithstanding the provisions of WAC 220-56-270, WAC 220-56-240, WAC 220-56-265, 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 Dates: Saturday February 25, 2017.
Hours: 8:00 a.m. to 1:00 p.m. (5-hour period).
Open Area: Cowlitz River (bank only) from the HWY 432 Bridge upstream to the Al Helenberg Memorial Boat Ramp located approximately 1,300 feet upstream of the HWY 411/A Street Bridge in Castle Rock.
Daily limit: 10 pounds. Possession limit equal to one daily limit.
Gear: Dip net.
REPEALER
The following section of the Washington Administrative Code is repealed effective 1:01 p.m. February 25, 2017:
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