WSR 02-08-025

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-64 -- Filed March 26, 2002, 4:13 p.m. ]

Date of Adoption: March 26, 2002.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000M and 220-33-01000N; 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 commercial allocation of spring chinook has not been achieved, and impacts to ESA-listed stocks are within the management guidelines for this fishery, and an extension is warranted. The mainstem Columbia River season is a demonstration commercial fishery using results from testing in 2001. Harvestable numbers of hatchery salmon are available. The use of small mesh nets, short soak times, and recovery boxes will aid in the survival of spring chinook that are released. An interim management agreement signed in 2001 provides allocation of ESA impacts to upriver spring chinook to non-Indian fisheries, and Washington and Oregon Fish and Wildlife commissions have provided guidance on sharing of impacts between commercial and recreational fishers. Impacts in this fishery are consistent with the management agreement and the biological opinion provided by the National Marine Fisheries Service. This rule is consistent with actions of the Columbia River compact of March 26, 2002, and conforms Washington and Oregon state rules. The select area fisheries in Blind Slough/Knappa Slough and Tongue Point/South Channel 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 for fisheries. All salmon returning to these net pens are harvestable. Impacts to ESA-listed stocks in these fisheries are covered under the biological opinion for the interim management agreement. This rule is consistent with actions of the Columbia River compact hearings of January 31, 2002, and conforms Washington and Oregon state rules. 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 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.

March 26, 2002

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-33-01000N   Columbia River gillnet seasons below Bonneville.   Notwithstanding the provisions of WAC 220-33-010, WAC 220-33-020, and WAC 220-33-030, it is unlawful for a person to take or possess salmon, sturgeon, and shad, 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) Area: SMCRA 1A, 1B, 1C, 1D, 1E.

Dates: 6:00 p.m. March 26 to 9:00 a.m. March 27, 2002.

Gear: 5 1/2 inch maximum mesh, single wall gill net. Net length not to exceed 150 fathoms. Mono-filament gill nets are allowed. Gill nets that are fished from sunset to sunrise must have lighted buoys on both ends of the net unless the net is attached to the boat then one lighted buoy on the opposite end of the net from the boat is required.

Allowable Sale: Adipose fin-clipped salmon with a healed scar at the site, sturgeon, shad.

Sanctuaries: Grays River, Gnat Creek, Elokomin-A, Abernathy Creek, Cowlitz River, Kalama-A, Lewis-A, Washougal, Sandy.

A) Miscellaneous Regulations:

1) At least one fisher on each boat must possess a tangle net certificate issued by either WDFW or ODFW. The certificate must be displayed to WDFW or ODFW employees, fish and wildlife enforcement officers, or other peace officers upon request.

2) Soak times, defined as the time elapsed from when the first of the gill net web is deployed into the water until the gill net web is fully retrieved from the water, must not exceed 45 minutes.

3) Each boat will be required to have an two operable recovery boxes or one box with two chambers, on board. Each box shall be operating during any time that the net is being retrieved or picked. The flow in the recovery box will be a minimum of 16 gallons per minute in each chamber of the box, not to exceed 20 gallons per minute. Each chamber of the recovery box must meet the following dimensions as measured from within the box; the inside length measurement must be at or within 39 1/2 inches to 48 inches, the inside width measurements must be at or within 8 to 10 inches, and the inside height measurement must be at or within 14 to 16 inches. Each chamber of the recovery box must include a water inlet hole between 3/4 inch and 1 inch in diameter, centered horizontally across the door or wall of chamber and 1 3/4 inches from the floor of the chamber. Each chamber of the recovery box must include a water outlet hole opposite the inflow that is at least 1 1/2 inches in diameter.

The center of the outlet hole must be located a minimum of 12 inches above the floor of the box or chamber. The fisher must demonstrate to WDFW and ODFW employees, fish and wildlife enforcement officers, or other peace officers, upon request, that the pumping system is delivering the proper volume of fresh river water into each chamber.

4) All non-legal sturgeon, non-adipose fin-clipped salmon, and steelhead must be released immediately with care and the least possible injury to the fish to the river without violence or into an operating recovery box.

5) Any fish that is bleeding or lethargic must be placed in the recovery box prior to being released.

6) All fish placed in recovery boxes must be released to the river prior to landing or docking.

7) Quick reporting required for Washington wholesale dealers, WAC 220-69-240.

B) Tangle net permit. Any individual meeting the qualifications of RCW 77.65.040(2) may obtain a tangle net certificate by attending and completing an WDFW- or ODFW-sponsored workshop concerning live captive commercial fishing techniques. A tangle net certificate shall expire on December 31, 2002. No individual may obtain more than one tangle net certificate between January 1 and December 31, 2002.

C) Nothing in this section sets any precedent for any fishery after the 2002 spring chinook fishery. The fact that an individual may hold a tangle net certificate in spring 2002 does not entitle the certificate holder to participate in any other fishery. If WDFW authorizes a tangle net fishery in spring 2003 or at any other time, WDFW may establish qualifications and requirements that are different from those established for 2002. In particular, WDFW may consider an individual's compliance with these rules in determining that individual's eligibility to participate in any future tangle net fisheries.

2) 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.

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 a marker on the eastern end of Minaker Island to markers on Karlson Island and the Oregon shore.

a) Blind Slough and Knappa Slough

Gear: 8-inch maximum mesh. Mono-filament gill nets are allowed. Nets restricted to 100 fathoms in length with no weight restriction on leadline.

Dates:

7 PM April 18 to 7 AM April 19, 2002

7 PM April 25 to 7 AM April 26, 2002

7 PM April 30 to 7 AM May 1, 2002

7 PM May 2 to 7 AM May 3, 2002

7 PM May 7 to 7 AM May 8, 2002

7 PM May 9 to 7 AM May 10, 2002

7 PM May 14 to 7 AM May 15, 2002

7 PM May 16 to 7 AM May 17, 2002

7 PM May 21 to 7 AM May 22, 2002

7 PM May 23 to 7 AM May 24, 2002

7 PM May 28 to 7 AM May 29, 2002

7 PM May 30 to 7 AM May 31, 2002

7 PM June 4 to 7 AM June 5, 2002

7 PM June 6 to 7 AM June 7, 2002

7 PM June 11 to 7 AM June 12, 2002

7 PM June 13 to 7 AM June 14, 2002

Allowable Sale: Salmon, sturgeon, shad

3) 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 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.

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".

All open waters are under concurrent jurisdiction.

Dates: 7 PM April 18 to 5 AM April 19, 2002

7 PM April 25 to 5 AM April 26, 2002

7 PM April 30 to 5 AM May 1, 2002

7 PM May 2 to 5 AM May 3, 2002

7 PM May 7 to 5 AM May 8, 2002

7 PM May 9 to 5 AM May 10, 2002

7 PM May 14 to 5 AM May 15, 2002

7 PM May 16 to 5 AM May 17, 2002

7 PM May 21 to 5 AM May 22, 2002

7 PM May 23 to 5 AM May 24, 2002

7 PM May 28 to 5 AM May 29, 2002

7 PM May 30 to 5 AM May 31, 2002

7 PM June 4 to 5 AM June 5, 2002

7 PM June 6 to 5 AM June 7, 2002

7 PM June 11 to 5 AM June 12, 2002

Gear: 8-inch maximum mesh. Mono-filament gill nets are allowed. 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.

Allowable Sale: Salmon, sturgeon and shad.

[]

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 220-33-01000M Columbia River gillnet seasons below Bonneville. (02-63)

The following section of the Washington Administrative Code is repealed effective 7:01 a.m. June 14, 2002:


WAC 220-33-01000N Columbia River gillnet seasons below Bonneville.

Washington State Code Reviser's Office