WSR 98-08-046
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 98-41--Filed March 25, 1998, 4:50 p.m., effective April 29, 1998, 7:00 p.m.]
Date of Adoption: March 24, 1998
Purpose: Commercial fishing regulations
Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000Z and 220-33-03000L; and amending WAC 220-20-010, 220-33-010, and 220-33-030
Statutory Authority for Adoption: RCW 75.08.080
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: WAC 220-20-01000B: Allows fishers participating in the select area fisheries of Blind Slough and Deep River, where gill nets with lead line in excess of two pounds per fathom are legal, to participate in the Tongue Point select area fishery without removal of their nets. The intent of the select area fisheries is to provide maximum harvest opportunity for fish returning to net pen sites. This rule is consistent with actions of the January 29, 1998, Columbia River Compact hearing. There is insufficient time to promulgate permanent rules.
WAC 220-33-01000Z: These select areas (terminal areas) are part of an ongoing BPA funded study to design fisheries in areas outside of the mainstem Columbia River. Several stocks of salmon have been released from net pens in these select areas to provide for fisheries. All salmon returning to these net pens are harvestable. This rule is consistent with actions of the Columbia River Compact hearing of January 29, 1998, and is consistent with requirements of the Endangered Species Act. There is insufficient time to promulgate permanent rules.
WAC 220-33-03000L: This regulation sets the standard shad commercial fishery in the lower Columbia River. Harvestable numbers of shad are expected in 1998. This rule is consistent
with actions of the Columbia River Compact hearing of January 29, 1998, and is consistent with requirements of the ESA. There is insufficient time to promulgate permanent regulations
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.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 3, amended 0, repealed 2.
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: April 29, 1998, 7:00 p.m
March 24, 1998
Bern Shanks
Director
NEW SECTION
WAC 220-20-01000B General provisions. Notwithstanding the provisions of WAC 220-20-010, effective immediately, it shall be lawful for participants in the Tongue Point Select Area fishery to have stored onboard their boats, while fishing, gill nets with lead line in excess of two pounds per fathom.
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NEW SECTION
WAC 220-33-01000Z Columbia River gillnet seasons below Bonneville-select area commercial fisheries Notwithstanding the provisions of WAC 220-33-010, WAC 220-33-020, and WAC 220-33-030, it is unlawful for a person to take or possess salmon, shad, and sturgeon taken for commercial purposes from Columbia River Salmon Management and Catch Reporting Areas 1A, 1B, 1C, 1D, and 1E except during the times and conditions listed:
1) Tongue Point Select Area
Area: Tongue Point Basin is open to fishing in all waters bounded by a line from the red light at Tongue Point to the flashing green light at the rock jetty on the northwesterly tip of Mott Island, a line from a marker at the south end of Mott Island easterly to a marker on the northwest bank on Lois Island, and a line from a marker on the southwest end of Lois Island due westerly to a marker on the opposite bank. All open waters are under concurrent Washington/Oregon jurisdiction.
Dates: 7 P.M. Wednesday April 29 to 5 A.M. Thursday April 30, 1998, and
7 P.M. Sundays to 5 A.M. Mondays
7 P.M. Tuesdays to 5 A.M. Wednesdays
May 3 to June 10, 1998
Gear: 8 inch maximum mesh
250 fathoms maximum length
lead line cannot exceed 2 pounds per fathom
2) Blind Slough Select Area
Area: Open waters extend from the mouth of Gnat Creek located approximately 1/2 mile upstream of the county road bridge downstream to markers at the mouth of Blind Slough. Concurrent waters extend downstream of the railroad bridge. Oregon state waters extend upstream of the railroad bridge and require an Oregon license.
Dates: 7 P.M. Wednesday April 29 to 5 A.M. Thursday April 30, 1998, and
7 P.M. Wednesdays to 5 A.M. Thursdays
7 P.M. Thursdays to 5 A.M. Fridays
May 6 to June 12, 1998
Gear: 8 inch maximum mesh
50 fathoms maximum length
no weight restriction on lead line
For the Tongue Point and Blind Slough Select Areas the following miscellaneous regulation applies:
Transportation or possession of fish outside of the fishing area when the mainstem is closed is unlawful unless by licensed buyer. Fishers may transport their catch out of the fishing area with a permit issued by an authorized agency employee after examining the catch.
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REPEALER
The following section of the Washington Administrative Code is repealed effective 5:01 a.m. June 12, 1998:
WAC 220-33-01000Z Columbia River gillnet seasons below Bonneville select area commercial fisheries.
NEW SECTION
WAC 220-33-03000L Commercial shad - Columbia River Notwithstanding the provisions of WAC 220-33-030, it is unlawful to take, fish for or possess shad taken for commercial purposes except as provided for in this section:
fishing periods
1) Shad Area 2S is open daily, 3 p.m. to 10 p.m. from:
May 26 - May 29, 1998
June 1 - June 5, 1998
June 8 - June 12, 1998
June 15 - June 19, 1998
June 22 - June 26, 1998
2) The Camas-Washougal Reef Area is open weekly, 4 p.m. Mondays to midnight Fridays from:
May 18 - May 22, 1998
May 26 - May 29, 1998
June 1 - June 5, 1998
June 8 - June 12, 1998
June 15 - June 19, 1998
June 22 - June 26, 1998
June 29 - June 30, 1998
gear
Gill net gear may be used to fish for shad as provided in WAC 220-33-030(1), except that in Area 2S the net may not exceed 150 fathoms in length nor 40 meshes in depth and that in the Camas-Washougal Reef Area the webbing of the gear may be constructed of mesh having a breaking strength of less than 30 pounds.
general
During the fishing periods provided in this section, only shad may be kept and sold. All salmonids, walleye and sturgeon must be immediately returned to the water and those alive must be released unharmed.
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REPEALER
The following section of the Washington Administrative Code is repealed effective 12:01 a.m. July 1, 1998:
WAC 220-33-03000L Commercial shad--Columbia River.