Date of Adoption: September 14, 2001.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000B; 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: Sets first week of target coho fishing and one day of target chinook fishing. Modifies the Deep River select area by adding an additional day of fishing. Allows the use of monofilament gillnet gear in all mainstem and select areas fisheries for the remainder of the fall 2001 season. All fisheries are included in the 2001 fall management agreement and are consistent with the preseason plans developed during the North of Falcon process. This rule is consistent with actions of the Columbia River compact on September 13, 2001, 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 15, 2001, 12:01 a.m.

September 14, 2001

J. P. Koenings

Director

by Larry Peck

1) MAINSTEM COLUMBIA RIVER - TARGET COHO FISHERY

AREA:

SMCRA 1A, 1B, and 1C upstream to Longview Bridge

DATES:	7 a.m. to 7 p.m. September 17, 2001
	7 a.m. to 7 p.m. September 18, 2001
	7 a.m. to 7 p.m. September 19, 2001

GEAR:

6-inch maximum mesh, unslackened floater gillnet. The use of monofilament gillnet gear is allowed.

ALLOWABLE SALE:

Salmon

SANCTUARIES:

Grays River, Elokomin-A.

2) MAINSTEM COLUMBIA RIVER - TARGET CHINOOK FISHERY

AREA:

SMCRA 1D above the I-205 Bridge and 1E.

DATES:

8 p.m. September 17, 2001 to 6 a.m. September 18, 2001

GEAR:

8-inch minimum mesh. The use of monofilament gillnet gear is allowed.

ALLOWABLE SALE:

Salmon.

SANCTUARIES:

Washougal, Sandy

2) BLIND SLOUGH/KNAPPA SLOUGH SELECT AREA

AREA:

Blind Slough fishing area includes all waters 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. Oregon State waters extend upstream of the railroad bridge.

Knappa Slough fishing area includes 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 closure of about a 100' radius at the mouth of Big Creek defined by markers. All waters are under concurrent jurisdiction.

SEASON:	Blind Slough and Knappa Slough
	Monday, Tuesday, Wednesday, and Thursday nights
	7 p.m. to 7 a.m. Immediately through September 30, 2001
	6 p.m. to 8 a.m. October 1, 2001 through October 31, 2001

GEAR:	6 inch maximum mesh, 100 fathoms maximum length
	The use of monofilament gillnet gear is allowed effective September 17, 2001.

ALLOWABLE SALE:

Salmon

3) TONGUE POINT/SOUTH CHANNEL SELECT AREA

AREA:

Tongue Point fishing area includes 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. All waters are under concurrent jurisdiction.

South Channel area includes 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 waters are under concurrent jurisdiction.

SEASON:	Tongue Point
	Monday, Tuesday, Wednesday, and Thursday nights
	7 p.m. to 7 a.m. immediately through September 30, 2001
	6 p.m. to 8 a.m. October 1, 2001 through October 31, 2001
	South Channel
	Monday, Tuesday, Wednesday, and Thursday nights
	7 p.m. to 7 a.m. September 16, 2001 through September 30, 2001
	6 p.m. to 8 a.m. October 1, 2001 through October 31, 2001

GEAR:	Tongue Point
	6 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.
	The use of monofilament gillnet gear is allowed effective September 17, 2001.
	South Channel
	6 inch maximum mesh
	100 fathoms maximum length
	The use of monofilament gillnet gear is allowed effective September 17, 2001.

ALLOWABLE SALE:

Salmon

4) 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:	Sunday, Monday, Tuesday, Wednesday, and Thursday nights
	7 p.m. to 7 a.m. September 16, 2001 through September 29, 2001
	6 p.m. to 8 a.m. September 30, 2001 through October 31, 2001

GEAR:	6 inch maximum mesh
	100 fathoms maximum length
	The use of monofilament gillnet gear is allowed effective September 16, 2001.

ALLOWABLE SALE:

Salmon

5) 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:	Monday, Tuesday, Wednesday, and Thursday nights
	7 p.m. to 7 a.m. Immediately through September 30, 2001
	6 p.m. to 8 a.m. October 1, 2001 through October 31, 2001

GEAR:	6 inch maximum mesh
	100 fathoms maximum length
	The use of monofilament gillnet gear is allowed effective September 17, 2001.

ALLOWABLE SALE:

Salmon

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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     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.
REPEALER

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. September 15, 2001:

WAC 220-33-01000B

Columbia River gillnet seasons below Bonneville-select area commercial fisheries.

© Washington State Code Reviser's Office