WSR 99-22-030

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-191-- Filed October 26, 1999, 4:56 p.m. ]

Date of Adoption: October 26, 1999.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000X and 220-33-01000Y; 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: Fishery in the mainstem Columbia River will target surplus hatchery coho, during a time frame when anticipated impacts on wild coho are within agreed guidelines. Harvestable numbers of salmon and sturgeon are available on the non-Indian allocation for fall commercial fisheries. Season is consistent with the 1999 Management Agreement, ESA requirements, and actions of the Columbia River Compact of October 26, 1999. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 1, Amended 0, Repealed 2.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 26, 1999

J. P. Koenings

Director


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

Notwithstanding the provisions 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: In those waters of SMCRA 1B upstream of a line from Harrington Point in Washington to Settler Point in Oregon, and 1C, 1D, 1E.

a) SEASON: 7:00 a.m. October 27 to 7:00 p.m. October 27, 1999

GEAR: 9 3/4-inch maximum and no minimum mesh restriction.

b) SEASON: 7:00 a.m. October 28 to 7:00 p.m. October 28, 1999

GEAR: 6-inch maximum mesh.

c) ALLOWABLE SALE: Salmon and sturgeon.

d) SANCTUARIES: Elokomin-A, Abernathy, Cowlitz, Kalama-A, Lewis-A, Washougal, Sandy.

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

Starting dates: October 26 and October 27.

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 markers of about a 100' radius.

a) SEASON:

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

Starting dates: 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 6:00 p.m. to 8:00 a.m.

Starting dates: 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 220-33-01000X Columbia River season below Bonneville. (99-183)

The following section of the Washington Administrative Code is repealed effective 7:01 p.m. October 28, 1999:


WAC 220-33-01000Y Columbia River season below Bonneville.

Washington State Code Reviser's Office