WSR 99-20-142

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-180-- Filed October 6, 1999, 11:20 a.m. ]

Date of Adoption: October 5, 1999.

Purpose: Subsistence fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05500X and 220-32-05500Y; 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 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 fall chinook, coho and steelhead are available for tribal harvest in the Yakima River and harvestable numbers of fall chinook and coho are available for tribal harvest in the Klickitat River. Seasons are consistent with state/tribal management plans. Matches state regulations with tribal regulations. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

October 5, 1999

Evan Jacoby

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-32-05500Y
Columbia River tributaries--Subsistence.

Notwithstanding the provisions of WAC 220-32-055 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, Wind River, Icicle River, or Drano Lake except under the following provisions:

Yakima River (Subsistence)

Open: 6:00 a.m. Tuesdays to 6:00 p.m. Saturdays, weekly immediately to November 27, 1999.

Area: In those waters of the Yakima River in the vicinity of Horn Rapids Dam and Prosser Dam and where the Yakima River borders the Yakama reservation. Fishing is not allowed within 30 feet of any fish ladder, fishway, or fish bypass pipe associated with irrigation canals or fish screening structures.

Gear: Fishing may be conducted with dip nets, set bag nets or hook and line with bait and lures. Snagging of fish is prohibited. All other gears are unlawful.

Other: Only chinook salmon, coho salmon and steelhead may be taken in the above described fishing area.

Klickitat River (Commercial/Subsistence

Open: Noon Tuesdays to 6:00 p.m. Saturdays, weekly immediately to December 18, 1999.

Area: In those waters of the Klickitat River from the site of the former Swinging Bridge upstream to Fishway #5 provided that fishing is not allowed within 25 feet of the entrance to any fishway.

Gear: Fishing may be conducted with dipnets, setbag nets, or hook and line with bait or lures. Snagging of fish is prohibited. All other gears are unlawful.

Other: Only chinook and coho salmon taken within the above described fishing area may be sold. Steelhead may not be sold. All fish must be sold within 1 mile of the Klickitat Falls fishing area.

[]

Reviser's note: The typographical 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.

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 220-32-05500X Columbia River tributaries--Subsistence (99-83)

The following section of the Washington Administrative Code is repealed effective 6:01 December 18, 1999:


WAC 220-32-05500Y Columbia River tributaries--Subsistence.

Washington State Code Reviser's Office