WSR 99-10-021

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-38-- Filed April 27, 1999, 3:36 p.m. ]

Date of Adoption: April 27, 1999.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-57-16000R and 220-57-16000S; and amending WAC 220-57-160.

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: Opens select area sport fisheries in off-channel sites for spring chinook which have been released from net pens as part of a BPA funded study to design fisheries in areas outside of the mainstem Columbia River. This rule is consistent with requirements of the Endangered Species Act. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

April 27, 1999

Evan Jacoby for

Jeff P. Koenings

Director


NEW SECTION
WAC 220-57-16000S
Columbia river - Salmon seasons and areas

Not withstanding the provisions of WAC 220-57-160 effective immediately until July 31, 1999, it is unlawful to take, fish for or possess salmon in the Columbia River from the Interstate 5 Bridge downstream to the mouth, except as described below:

SELECT AREA SPORT FISHERIES

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: Lawful to fishing for salmon effective immediately until further notice, Daily Limit of six salmon, no more than two may be adults.

2) South Channel Select Area

Area: South Channel (near Tongue Point) is open to fishing in all waters bounded by a line from a marker on John Day Point through the green buoy "7" thence to a marker on the southwest end of Lois Island upstream to an upper boundary line from a marker on Settler Point northwesterly to a flashing red marker "10" thence northwesterly to a marker on the sand bar defining the terminus of South Channel. All open waters are under concurrent Washington/Oregon jurisdiction.

3) Blind Slough/Knappa Slough Select Area

Area: Open waters of Blind Slough extend from markers at 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 Washington/Oregon waters extend downstream of the railroad bridge. In addition, Knappa Slough is open to fishing in all waters bounded by a line from the northerly most marker at the mouth of Blind Slough westerly to a marker on Karlson Island downstream to a north-south lin defined by a marker on the eastern end of Minaker Island to markers on Karlson Island and the Oregon shore.

Dates: Lawful to fish for salmon effective immediately until further notice, Daily Limit of six salmon, no more than two may be adults.

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Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-57-16000RColumbia River--Salmon seasons and areas. (99-14)

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


WAC 220-57-16000SColumbia River--Salmon seasons and areas

Washington State Code Reviser's Office