WSR 00-18-042

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-171 -- Filed August 30, 2000, 4:22 p.m. , effective September 5, 2000, 7:00 p.m. ]

Date of Adoption: August 29, 2000.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000H; and amending WAC 220-33-010.

Statutory Authority for Adoption: RCW 77.12.047.

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: The select 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 July 27, 2000, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 5, 2000, 7:00 p.m.

August 29, 2000

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-33-01000H
Columbia River gillnet seasons below Bonneville -- Select areas 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) 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 boundary lines defined by markers on the western end of Minaker Island to markers on Karlson Island and the Oregon shore. An area at the mouth of Big Creek defined by markers of about a 100 foot radius is closed to fishing.

SEASON:
Blind Slough.
7 p.m. September 7, 2000 to 7 a.m. September 8, 2000
7 p.m. September 8, 2000 to 7 a.m. September 9, 2000
7 p.m. September 11, 2000 to 7 a.m. September 12, 2000
7 p.m. September 12, 2000 to 7 a.m. September 13, 2000
7 p.m. September 14, 2000 to 7 a.m. September 15, 2000
7 p.m. September 15, 2000 to 7 a.m. September 16, 2000

Blind Slough and Knappa Slough.
7 p.m. Mondays to 7 a.m. Tuesdays
7 p.m. Tuesdays 7 a.m. Wednesdays
7 p.m. Thursdays to 7 a.m. Fridays
7 p.m. Fridays to 7 a.m. Saturdays
September 18, 2000 to September 30, 2000

6 p.m. Mondays to 8 a.m. Tuesdays
6 p.m. Tuesdays to 8 a.m. Wednesdays
6 p.m. Thursdays to 8 a.m. Fridays
6 p.m. Fridays to 8 a.m. Saturdays
October 2, 2000 to October 31, 2000

GEAR:
8 inch maximum mesh
100 fathoms maximum length

ALLOWABLE SALE: Salmon and sturgeon

2) TONGUE POINT/SOUTH CHANNEL 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. 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.

SEASON:
Tongue Point
7 p.m. September 5, 2000 to 7 a.m. September 6, 2000
7 p.m. September 6, 2000 to 7 a.m. September 7, 2000
7 p.m. September 10, 2000 to 7 a.m. September 11, 2000
7 p.m. September 11, 2000 to 7 a.m. September 12, 2000
7 p.m. September 13, 2000 to 7 a.m. September 14, 2000
7 p.m. September 14, 2000 to 7 a.m. September 15, 2000

Tongue Point and South Channel
7 p.m. Sundays to 7 a.m. Mondays
7 p.m. Mondays to 7 a.m. Tuesdays
7 p.m. Wednesdays to 7 a.m. Thursdays
7 p.m. Thursdays to 7 a.m. Fridays
September 17, 2000 to September 29, 2000

6 p.m. Sundays to 8 a.m. Mondays
6 p.m. Mondays to 8 a.m. Tuesdays
6 p.m. Wednesdays to 8 a.m. Thursdays
6 p.m. Thursdays to 8 a.m. Fridays
October 1, 2000 to October 31, 2000

GEAR:
Tongue Point Basin
8 inch maximum mesh
250 fathoms maximum length
Weight on leadline cannot exceed two pounds per fathom. Fishers participating in the Tongue Point Basin fishery may have stored on board their boats, gill nets with leadline in excess of two pounds per fathom.

South Channel
8 inch maximum mesh
100 fathoms maximum length

ALLOWABLE SALE:
Salmon and sturgeon

3)
DEEP RIVER SELECT AREA

AREA:
Deep River is open to fishing down river from the town of Deep River to the mouth (a line from navigation marker "16" southwest to a marker on the Washington shore). Concurrent waters extend downstream of the Highway 4 bridge. State waters extend upstream of the Highway 4 bridge.

SEASON:
7 p.m. September 5, 2000 to 7 a.m. September 6, 2000
7 p.m. September 6, 2000 to 7 a.m. September 7, 2000

7 p.m. Sundays to 7 a.m. Mondays
7 p.m. Mondays to 7 a.m. Tuesdays
7 p.m. Tuesdays to 7 a.m. Wednesdays
7 p.m. Wednesdays to 7 a.m. Thursdays
September 10, 2000 to September 28, 2000

6 p.m. Sundays to 8 a.m. Mondays
6 p.m. Mondays to 8 a.m. Tuesdays
6 p.m. Tuesdays to 8 a.m. Wednesdays
6 p.m. Wednesdays to 8 a.m. Thursdays
October 1, 2000 to October 31, 2000

GEAR:
8 inch maximum mesh
100 fathoms maximum length

ALLOWABLE SALE:
Salmon and sturgeon

4)
STEAMBOAT SLOUGH SELECT AREA

AREA:
Steamboat Slough is open to fishing in waters bounded by markers on Price Island and the Washington shore, at both upstream and downstream ends of Steamboat Slough. All open waters are under concurrent jurisdiction.

SEASON:
7 p.m. September 7, 2000 to 7 a.m. September 8, 2000
7 p.m. September 8, 2000 to 7 a.m. September 9, 2000

7 p.m. Tuesdays to 7 a.m. Wednesdays
7 p.m. Wednesdays to 7 a.m. Thursdays
7 p.m. Thursdays to 7 a.m. Fridays
7 p.m. Fridays to 7 a.m. Saturdays
September 12, 2000 to September 30, 2000

6 p.m. Tuesdays to 8 a.m. Wednesdays
6 p.m. Wednesdays to 8 a.m. Thursdays
6 p.m. Thursdays to 8 a.m. Fridays
6 p.m. Fridays to 8 a.m. Saturdays
October 3, 2000 to October 28, 2000

GEAR:
8 inch maximum mesh
100 fathoms maximum length

ALLOWABLE SALE:
Salmon and sturgeon

OTHER:
It is unlawful to transport or possess fish outside the fishing area unless by licensed buyer. An exception to the rule allows transportation out of the fishing area with a permit issued by an authorized agency employee after examining the catch.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 8:01 a.m. October 31, 2000:


WAC 220-33-01000H Columbia River gillnet seasons below Bonneville select areas commercial fisheries.

Washington State Code Reviser's Office