Purpose: Subsistence fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000Z; and amending WAC 220-33-010.

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: The Tongue Point fishery was intended to harvest spring chinook returning from net pen releases. Chinook catches to date are far below season expectations. Sturgeon harvest in this fishery was intended to be incidental to salmon, but has exceeded the salmon catch to date. The remaining portion of the fishery is canceled due to lack of salmon available for harvest. The Blind Slough select fishery remains open. This rule is consistent with actions of the Columbia River Compact hearing of May 29, 1998. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Immediately.

May 29, 1998

Evan Jacoby

for Bern Shanks

Director

WAC 220-33-01000A  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:

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. Wednesdays to 5 A.M. Thursdays

7 P.M. Thursdays to 5 A.M. Fridays

Immediately to June 12, 1998

Gear: 8 inch maximum mesh 50 fathoms maximum length no weight restriction on lead line

For the Blind Slough Select Area 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:

WAC 220-33-01000Z Columbia River gillnet seasons below Bonneville select area commercial fisheries. (98-41)