WSR 99-12-045

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-50-- Filed May 26, 1999, 4:23 p.m. ]

Date of Adoption: May 25, 1999.

Purpose: Subsistence fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05500U; and amending WAC 220-32-055.

Statutory Authority for Adoption: RCW 75.08.080.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: The treaty tribes have reached the harvest allocation for spring chinook in the mainstem Columbia River. Harvestable salmon are available in the tributaries for the Yakama tribe. This rule is consistent with the 1996-98 management agreement for 1999 fisheries, and conforms state and tribal rules. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 25, 1999

Larry W. Peck

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-32-05500V
Indian subsistence fishing.

Notwithstanding the provisions of WAC 220-32-055:

1. Columbia River - Effective immediately through midnight May 31, 1999, it is unlawful for individuals possessing treaty fishing rights pursuant to the Yakama Treaty, the Warm Springs Treaty, the Umatilla Treaty and the Nez Perce Treaty to take, fish for, or possess salmon for subsistence purposes in the Columbia River as defined in WAC 220-32-055 (2)a.

2. Tributaries - Effective immediately until further notice, it is unlawful for a person possessing treaty fishing rights under the Yakama treaty to take or possess salmon taken for subsistence purposes from the Yakima River, Klickitat River, White Salmon River, Wind River, or Drano Lake except under the following provisions:

a) The Yakima River from Horn Rapids Dam to Wapato Dam is open noon Wednesdays to 6:00 p.m. Saturdays of each week immediately to June 19, 1999. Fishing is not allowed from boats or other floating devices.

b) The Klickitat River from the site of the former Swinging Bridge (RM 1.5) to Fishway Number 5 (RM 2.2) is open noon Wednesdays to 6:00 p.m. Saturdays of each week immediately to May 29, 1999 and weekly from June 16 until further notice. Fishing is not allowed from boats or other floating devices.

c) The White Salmon River from the mouth to Condit Dam is open noon Wednesdays to 6:00 p.m. Saturdays of each week immediately to June 12, 1999. Fishing is allowed from fishing platforms, bank, or boat.

d) The Wind River from the mouth to a marker 400 feet downstream of Shipperd Falls and from 200 feet above Shipperd Falls upstream to a marker 30 feet below the mouth of Tyee Springs (the outlet stream for Carson National Fish Hatchery) is open noon Wednesdays to 6:00 p.m. Saturdays of each week from May 26 to July 3, 1999.

e) Drano Lake from the Highway 14 Bridge to the orange markers near the mouth of the Little White Salmon River is open noon Wednesday May 26, 1999 to 6:00 p.m. Saturday June 19, 1999. Each fisher is allowed to use a maximum of 2 fishing gears. Fishing is allowed from bank or boat.

f) Allowable gear includes dipnets, setbag nets, or rod and reel with bait or lures. All other fishing gear and methods, including snagging are unlawful.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-32-05500UIndian subsistence fishing. (99-41)

Washington State Code Reviser's Office