WSR 99-10-022

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-37-- Filed April 27, 1999, 3:38 p.m. , effective April 28, 1999, 7:00 p.m. ]

Date of Adoption: April 27, 1999.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000Q; 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: These select areas (terminal areas) are part of an on-going 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 fisheries. All salmon returning to these net pens are harvestable. This rule is consistent with actions of the Columbia River Compact hearing of January 28, 1999, and 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 28, 1999, 7:00 p.m.

April 27, 1999

Evan Jacoby

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-33-01000Q
Columbia River gillnet seasons below Bonneville-Select area commercial fisheries

Notwithstanding the provisions of WAC 220-33-010 and WAC 220-33-020, 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 Basin 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 28 to 5 A.M. Thursday April 29, 1999, and
7 P.M. Sundays to 5 A.M. Mondays
7 P.M. Tuesdays to 5 A.M. Wednesdays
May 2 to June 9, 1999
Gear:8 inch maximum mesh
250 fathoms maximum length
weight on lead line cannot exceed 2 pounds per fathom
Allowable Sale: salmon, sturgeon, shad

Miscellaneous Rules: Fishers participating in the Tongue Point Basin fishery may have stored on board their boats, gill nets with leadline in excess of 2 pounds per fathom. Transportation or possession of fish outside of the fishing area when the mainstem Columbia is closed is unlawful unless by a licensed buyer. An exception to the rule would allow fishers to transport their catch out of the fishing area with a permit issued by an authorized agency employee after examining the catch.

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.
Dates:7 P.M. Wednesday April 28 to 5 A.M. Thursday April 29, 1999, and
7 P.M. Sundays to 5 A.M. Mondays
7 P.M. Tuesdays to 5 A.M. Wednesdays
May 2 to June 9, 1999
Gear:8 inch maximum mesh
100 fathoms maximum length
Allowable Sale: salmon, sturgeon, shad

Miscellaneous Rules: Transportation or possession of fish outside of the fishing area when the mainstem Columbia is closed is unlawful unless by a licensed buyer. An exception to the rule would allow fishers to transport their catch out of the fishing area with a permit issued by an authorized agency employee after examining the catch.

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:7 P.M. Wednesday April 28 to 7 A.M. Thursday April 29, 1999, and
7 P.M. Wednesdays to 7 A.M. Thursdays
7 P.M. Thursdays to 7 A.M. Fridays
May 5 to June 11, 1999
Gear:8 inch maximum mesh
100 fathoms maximum length
Allowable Sale: salmon, sturgeon, shad

Miscellaneous Rules: Transportation or possession of fish outside of the fishing area when the mainstem Columbia is closed is unlawful unless by a licensed buyer. An exception to the rule would allow fishers to 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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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 effective 7:01 a.m. June 11, 1999:


WAC 220-33-01000QColumbia River gillnet seasons below Bonneville--Select area commercial fisheries.

Washington State Code Reviser's Office