WSR 04-14-048

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-158 -- Filed June 29, 2004, 4:29 p.m. , effective June 30, 2004, 6:00 a.m. ]


Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000E; 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: Opens non-Indian commercial summer season fishery. Harvestable numbers of sockeye and summer chinook are available. Impacts on ESA-listed salmon and steelhead are expected to be within the guidelines of the "Interim Management Agreement for Upriver Spring Chinook, Summer Chinook, and Sockeye" and the biological opinion. Consistent with compact action of June 28, 2004. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: June 29, 2004.

Evan Jacoby

for Jeff Koenings

Director


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

2) SEASON: 6:00 a.m. to 6:00 p.m. June 30, 2004

6:00 a.m. to 6:00 p.m. July 2, 2004

3) GEAR: 4 1/2 inch maximum mesh size. Single wall floater gill net. Net length not to exceed 175 fathoms.

4) ALLOWABLE SALE: sockeye salmon, adipose fin-clipped chinook, adipose fin-clipped coho, shad, and sturgeon.

5) MISCELLANEOUS:

a) 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.

b) Each boat will be required to have two operable recovery boxes or one box with two chambers, on board. Each box and chamber 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 a 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.

c) All non-legal sturgeon, non-adipose fin-clipped chinook, non-adipose fin-clipped coho, and steelhead must be released immediately to the river with care and the least possible injury to the fish or placed into an operating recovery box.

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

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

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REPEALER


The following section of the Washington Administrative Code is repealed effective 6:01 p.m. July 2, 2004:


WAC 220-33-01000E Columbia River seasons below Bonneville.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office