08-01-071

WSR 08-01-071

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-296 -- Filed December 14, 2007, 4:04 p.m. , effective January 1, 2008 ]

     Effective Date of Rule: January 1, 2008.

     Purpose: Amend fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing 220-56-27000A; 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: A Level 1 fishery was adopted in accordance with the Joint States Eulachon Management Plan. Abundance and productivity indicators project a weak return of smelt for 2008. Rule is consistent with the Washington department of fish and wildlife hearing action of December 13, 2007. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 14, 2007.

Loreva M. Preuss

for Jeff Koenings

Director

NEW SECTION
WAC 220-56-27000A   Smelt -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-270, WAC 220-56-240, WAC 220-56-275, effective January 1, 2008 through March 31, 2008, 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: Cowlitz River

     Open Dates: Saturdays

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

     Daily limit: 10 pounds, possession limit 10 pounds

     Gear: Dipnets

[]

REPEALER

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. April 1, 2008:

WAC 220-56-27000A

Smelt -- Areas and seasons.