WSR 99-08-048

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-26-- Filed March 31, 1999, 4:56 p.m. , effective April 1, 1999, noon ]

Date of Adoption: March 31, 1999.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600J; and amending WAC 220-32-057.

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: This regulation is necessary to set tribal set line seasons. Harvestable numbers of sturgeon are available and this regulation conforms state rules with tribal rules. There is insufficient time to promulgate permanent rules. In accordance with the state-tribal fishery management plan for the 1998-99 coastal Dungeness crab season, WAC 220-52-04600J closed the Makah special management area after December 28, 1998, until notice to provide for Makah tribal fishing opportunity. In accordance with the state-tribal plan, this area is scheduled to reopen to nontreaty fishers on April 1, 1999. The closure to nontreaty fishers would remain in effect after April 1 unless the emergency order is repealed.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 1, 1999, noon.

March 31, 1999

Evan Jacoby

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-32-05700A
Columbia River sturgeon seasons above Bonneville Dam.

Notwithstanding the provisions of WAC 220-32-057, effective immediately until further notice, it is unlawful for a person to take, fish for, or possess sturgeon taken for commercial purposes from Columbia River Salmon Management and Catch Reporting Areas 1F and 1H, except those individuals possessing treaty fishing rights under the Yakama, Warm Springs, Umatilla, and Nez Perce treaties may fish for sturgeon with set line gear under the following provisions:

1) Noon Thursday, April 1, 1999 until further notice in Columbia River Salmon Management and Catch Reporting Areas 1F (Bonneville Reservoir) and 1H (John Day Reservoir).

2) During the season specified in Section 1, it is unlawful to:

a) retain for commercial purposes sturgeon less than 48 inches or greater than 60 inches in length.

b) sell, barter, or attempt to sell or barter sturgeon eggs that have been removed from the body cavity of a sturgeon prior to sale of the sturgeon to a wholesale dealer licensed under chapter RCW 75.28, or to sell or barter sturgeon eggs at retail.

c) deliver to a wholesale dealer licensed under chapter RCW 75.28 any sturgeon that are not in the round with the head and tail intact.

3) During the season specified in Section 1, it is unlawful to use set line gear:

a) with more than 100 hooks per set line

b) with hooks less than the minimum size of 9/0

c) with treble hooks

d) without visible buoys attached and with buoys that do not specify operator and tribal identification.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 11:59 p.m. March 31, 1999:

WAC 220-52-04600JCrab fishery--Seasons and areas. (98-247)

Washington State Code Reviser's Office