WSR 04-18-020

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-226 -- Filed August 23, 2004, 4:19 p.m. , effective August 23, 2004, 7:00 p.m. ]


Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000I; 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 the late August fishery consistent with the allocation agreement. 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 for fisheries. All salmon returning to these net pens are harvestable. All fisheries are consistent with the 2004 fall management agreement and the preseason allocation agreement. Rules are consistent with actions of the Columbia River compact on July 29, 2004, and August 20, 2004, and are included in the biological assessment of ESA listed stocks. The biological opinion covering these fisheries has been signed. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 23, 2004.

Jim Lux

for Jeff Koenings

Director


NEW SECTION
WAC 220-33-01000I   Columbia River season below Bonneville.   Notwithstanding the provisions of WAC 220-33-010, and 220-33-020, it is unlawful for a person to take or possess salmon 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) OPEN AREAS: SMCRA 1D, 1E.

a) SEASON: 7:00 p.m. Monday, August 23, 2004 to 7:00 a.m. Tuesday, August 24, 2004.

7:00 p.m. Wednesday, August 25 to 7:00 a.m. Thursday, August 26, 2004.

b) GEAR: 9 inch minimum mesh and 9-3/4 inch maximum mesh.

Monofilament gear is allowed.

c) SANCTUARIES: Lewis-A, Washougal and Sandy rivers.

d) ALLOWABLE SALE: Salmon and sturgeon. Up to five sturgeon may be possessed or sold for each participating vessel per fishing week. A fishing week is defined as the Sunday through Saturday encompassing the open dates of the fishery.

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

2) OPEN AREA: Blind Slough/Knappa Slough Select Area

Blind Slough fishing area includes all waters from markers at the mouth of Gnat Creek located approximately 0.5 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-foot radius at the mouth of Big Creek defined by markers. All waters are under concurrent jurisdiction.

a) SEASON: 7:00 p.m. August 24 to 7:00 p.m. August 27, 2004 and Tuesday, Wednesday, and Thursday nights from August 31 through September 10, 2004, and Monday, Tuesday, Wednesday, and Thursday nights from September 13 through October 29, 2004. Open hours from August 31 through September 10 are 7:00 p.m. to 7:00 a.m. daily and beginning September 10 the open hours are 4:00 p.m. to 8:00 a.m. daily.

b) GEAR: Gillnet - 9 3/4 inch maximum mesh size prior to September 13 and 6-inch maximum mesh size after September 16. Maximum net length of 100 fathoms. No weight restriction on lead line.

b) GEAR: Gillnet - 9 3/4 inch maximum mesh size prior to September 13 and 6-inch maximum mesh size after September 16. Maximum net length of 100 fathoms. No weight restriction on lead line.

c) ALLOWABLE SALE: Salmon and sturgeon. A maximum of five sturgeon may be processed or sold by each vessel participating each calendar week (Sunday through Saturday). The five sturgeon possession and sales limit includes mainstem and Select Area fisheries

d) OTHER: Quick reporting required for Washington wholesale dealers, WAC 220-69-240.

3) OPEN AREA: Tongue Point/South Channel Select Area

Tongue Point fishing area includes all waters bounded by a line from a yellow marker midway between the red light at Tongue Point and the downstream (northern most) pier (#8) 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.

a) SEASON: Tuesday, Wednesday, and Thursday nights from August 31 through September 10, 2004 and Monday, Tuesday, Wednesday, and Thursday nights from September 13 through October 29, 2004. Open hours from August 31 through September 10 are 7:00 p.m. to 7:00 a.m. daily and beginning September 13, the open hours are 4:00 p.m. to 8:00 a.m. daily.

b) GEAR: In the Tongue Point area the mesh size is restricted to 6-inch maximum mesh. Net length maximum of 250 fathoms, and weight not to exceed two pounds on any one fathom on the lead line.

In the South Channel area the mesh size is restricted to 6-inch maximum mesh. Net length maximum of 100 fathoms, and no weight restriction on lead line.

c) ALLOWABLE SALE: Salmon and sturgeon. A maximum of five sturgeon may be processed or sold by each vessel participating each calendar week (Sunday through Saturday). The five sturgeon possession and sales limit includes mainstem and Select Area fisheries.

d) MISCELLANEOUS: Participants in the Tongue Point fishery may have stored on board their boats, gill nets with lead line in excess of two pounds per fathom.

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

4) OPEN AREA: Deep River Select 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.

a) SEASON: Monday, Tuesday, Wednesday, and Thursday nights from August 23 through October 29, 2004. Open hours from August 23 through September 10 are 7:00 p.m. to 7:00 a.m. daily and beginning September 13, the open hours are 4:00 p.m. to 8:00 a.m. daily.

b) GEAR: Gillnet 6-inch maximum mesh. Net length maximum of 100 fathoms, and no weight restriction on the lead line.

c) ALLOWABLE SALE: Salmon and sturgeon. A maximum of five sturgeon may be processed or sold by each vessel participating each calendar week (Sunday through Saturday). The five sturgeon possession and sales limit includes mainstem and Select Area fisheries.

d) OTHER: Quick reporting required for Washington wholesale dealers, WAC 220-69-240.

5) OPEN AREA: Steamboat Slough Select 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.

a) SEASON: Tuesday, Wednesday, and Thursday nights from August 31 through September 10, 2004 and Monday, Tuesday, Wednesday, and Thursday nights from September 13 through October 29, 2004. Open hours from August 31 through September 10 are 7:00 p.m. to 7:00 a.m. daily and beginning September 13 the open hours are 4:00 p.m. to 8:00 a.m. daily.

b) GEAR: Gillnet 6-inch maximum mesh. Net length maximum of 100 fathoms, and no weight restriction on the lead line.

c) ALLOWABLE SALE: Salmon and sturgeon. A maximum of five sturgeon may be possessed or sold by each vessel participating each calendar week (Sunday through Saturday). The five sturgeon possession and sales limit includes mainstem and Select Area fisheries.

d) MISCELLANEOUS: Transportation or possession of fish outside the fishing area is unlawful unless by licensed buyer, except fishers may transport their catch out of the fishing area with a permit issued by an authorized agency employee after examining the catch.

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

[]

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 7:01 a.m. August 26, 2004:


WAC 220-33-01000I Columbia River season below Bonneville.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office