EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: November 13, 2001.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05700K and 220-32-05700L; and amending WAC 220-32-057.
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: Opens sturgeon gill net fishery in Bonneville and John Day pools for one week. The set line season in Bonneville and John Day pools remains open. Harvestable numbers of sturgeon are available on the guidelines in the two pools. Consistent with compact action of November 13, 2001. Conforms state rules with tribal rules. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.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:
Immediately.
November 13, 2001
J. P. Koenings
Director
by Larry Peck
1) Dates: Immediately through 6:00 p.m. December 31, 2001.
a) Open area: 1F and 1H.
b) Gear: Set line gear.
c) During the season specifies in Section 1, it is unlawful to use set line gear:
a) with more than 100 hooks per set line
b) with hooks less than the minimum size of 9/0
c) with treble hooks
d) without visible buoys attached and with buoys that do not specify operator and tribal identification.
2) Dates: 6:00 a.m. November 14 to 6:00 p.m. November 20, 2001.
a) Open area: Open area: 1F and 1H.
b) Gear: 8 1/2 inch minimum mesh gill net gear. Diver gill nets only.
c) Allowable sale: Sturgeon between 4 and 5 feet in length and incidentally taken walleye. Salmon and steelhead may be retained for subsistence purposes only.
3) During the seasons specified above, it is unlawful to:
a) retain for commercial purposes sturgeon less than 48 inches or greater than 60 inches in length.
b) sell, barter, or attempt to sell or barter sturgeon eggs that have been removed from the body cavity of a sturgeon prior to sale of the sturgeon to a wholesale dealer licensed under chapter RCW 77.65, or to sell or barter sturgeon eggs at retail.
c) deliver to a wholesale dealer licensed under chapter RCW 77.65 any sturgeon that are not in the round with the head and tail intact.
4) All standard dam and river mouth sanctuaries remain in effect.
[]
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:
| WAC 220-32-05700K | Columbia River sturgeon seasons above Bonneville Dam. (01-215) |
| WAC 220-32-05700L | Columbia River sturgeon seasons above Bonneville Dam. |