WSR 99-18-024

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-134-- Filed August 23, 1999, 4:51 p.m. , effective August 23, 1999, 8:00 p.m. ]

Date of Adoption: August 20, 1999.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000S and 220-33-01000T; 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: Harvestable numbers of salmon and sturgeon are available for commercial harvest in Area 2S. This season is consistent with the 1999 fall management agreement, ESA requirements, and actions of the Columbia River Compact on August 17, 1999. Harvestable numbers of salmon from net pen releases are available for the select area fisheries at Tongue Point/South Channel, Blind Slough/Knappa Slough, and Deep River. These select areas are part of an on-going BPA funded program to design fisheries in areas outside of the mainstem Columbia River, and the purpose of the program is to provide fisheries. Rule is consistent with actions of the Columbia River Compact of July 26, 1999. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 23, 1999, 8:00 p.m.

August 20, 1999

Jeff P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-33-01000T
Columbia River season below Bonneville

Notwithstanding the provision of WAC 220-33-010, and 220-33-020, it is unlawful for a person to take or possess salmon or sturgeon taken for commercial purposes from Columbia River Salmon Management and Catch Reporting Areas 1A, 1B, 1C, 1D, and 1E, except as provided in the following subsections.

1) OPEN AREA: Shad Area 2S as defined in WAC 220-33-030.

a) SEASON: 8:00 p.m. Monday, August 23, 1999 to 6:00 a.m. Tuesday, August 24, 1999

b) GEAR: 9 inch minimum mesh and 9-3/4 inch maximum mesh.

c) ALLOWABLE SALE: Salmon and sturgeon.

d) OTHER: White sturgeon less than 48 inches or greater than 60 inches, or green sturgeon less than 48 inches or greater than 66 inches may not be retained for commercial purposes and shall be immediately returned to the water.

It is unlawful to gaff sturgeon.

It is unlawful to sell unprocessed eggs from lower Columbia River sturgeon.

2) OPEN AREA: Tongue Point/South Channel

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. In addition, South Channel 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 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 jurisdiction.

a) SEASON:

Nightly 7:00 p.m. to 7:00 a.m.

Starting Dates: September 7, September 13, September 14 - Tongue Point only.

Nightly 7:00 p.m. to 7:00 a.m.

Starting Dates: September 20, September 21, September 27 and September 28 -

Tongue Point/South Channel.

Nightly 6:00 p.m. to 8:00 a.m.

Starting Dates: October 4, October 5, October 6, October 11, October 12, October 13,

October 18, October 19, October 20, October 25, October 26 and October 27

Tongue Point/South Channel.

b) GEAR:

8-inch maximum mesh restriction. Legal gear restricted to a maximum length of 250 fathoms and weight on leadline not to exceed 2 pounds on any one fathom within Tongue Point Basin. In South Channel, nets are restricted to 100 fathoms in length with no weight restrictions on the leadline. 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.

c) ALLOWABLE SALE: Salmon and sturgeon.

3) OPEN AREA: Blind Slough/Knappa Slough

Blind Slough is open 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 waters extend downstream of the railroad bridge. State waters extend upstream of the railroad bridge and require an Oregon license. 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 line defined by a marker on the eastern end of Minaker Island to markers on Karlson Island and the Oregon shore. An area closure at the mouth of Big Creek defined by markers of about a 100’ radius.

a) SEASON:

Nightly 7:00 p.m. to 7:00 a.m

Starting Dates: September 9, September 15, September 16

Blind Slough only

Nightly 7:00 p.m. to 7:00 a.m.

Starting Dates: September 22, September 23, September 29, September 30

Blind Slough/Knappa Slough

Nightly 6:00 p.m. to 8:00 a.m.

Starting Dates: October 4, October 5, October 6, October 11, October 12, October 13,

October 18, October 19, October 20, October 25, October 26, October 27

Blind Slough/Knappa Slough

b) GEAR: Nets restricted to 100 fathoms in length with no weight restriction on leadline. 8-inch maximum mesh.

c) ALLOWABLE SALE: Salmon and sturgeon.

4) OPEN AREA: Deep River

Deep River is open to fishing down river from the town of Deep River to the mouth (a marker at Miller Point to a marker on the opposite bank). Concurrent waters extend downstream of the Highway 4 bridge. State waters extend upstream of the Highway 4 bridge.

a) SEASON:

Nightly 7:00 p.m. to 7:00 a.m.

Starting Dates: September 9, September 15, September 16, September 22,

September 23, September 29, September 30

Nightly 6:00 p.m. to 8:00 a.m.

Starting Dates: October 4, October 5, October 6, October 11, October 12, October 13,

October 18, October 19, October 20, October 25, October 26, October 27

b) GEAR: Nets restricted to 100 fathoms in length with no weight restriction on leadline. 8-inch maximum mesh size restriction.

c) ALLOWABLE SALE: Salmon and sturgeon.

5) OTHER RULES FOR TONGUE POINT/SOUTH CHANNEL, BLIND SLOUGH/KNAPPA SLOUGH, DEEP RIVER:

Transportation or possession of fish outside of the fishing area when the main stem is closed is unlawful unless by 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 or by a self-issued permit in the absence of an authorized employee. One copy of the self-issued permit is to be retained by the fisher while the original must be deposited in a locked box located in or adjacent to the fishing area.

[]

Reviser's note: The unnecessary underscoring 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 220-33-01000S Columbia River season below Bonneville. (99-107)

The following section of the Washington Administrative Code is repealed effective 8:00 a.m. October 28, 1999:


WAC 220-33-01000T Columbia River season below Bonneville

Washington State Code Reviser's Office