WSR 05-19-021

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-207 -- Filed September 9, 2005, 5:30 p.m. , effective September 10, 2005, 6:01 p.m. ]


     

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-32-051.

     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 additional tribal commercial fishing periods. Salmon and steelhead are available for harvest. Continues the commercial sale of platform and hook and line caught fish in the treaty Indian fishery, including Washington tributaries, consistent with Yakama Nation rules for those tributaries. Season is consistent with the 2005-2007 management agreement and the biological opinion. Consistent with action of the Columbia River compact of September 9, 2005, and 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 9, 2005.

J. P. Koenings

Director


NEW SECTION
WAC 220-32-05100P   Columbia River salmon seasons above Bonneville Dam.   Notwithstanding the provisions of WAC 220-32-050, WAC 220-32-051, WAC 220-32-052, WAC 220-32-058, effective immediately until further notice, it is unlawful for a person to take or possess salmon, shad, carp, or sturgeon taken for commercial purposes in Columbia River Salmon Management and Catch Reporting Areas 1F, 1G, and 1H, and the Klickitat River and White Salmon rivers, except those individuals possessing treaty fishing rights under the Yakima, Warm Springs, Umatilla, and Nez Perce treaties may fish for salmon, shad, carp, sturgeon, steelhead and walleye under the following provisions pursuant to lawfully enacted tribal rules:

     1) Open Periods: 6:00 a.m. September 12, 2005 to 6:00 p.m. September 16, 2005

     a) Open Areas: SMCRA 1F, 1G, 1H

     b) Gear: Gill Nets. 8-inch minimum mesh restriction. Drift gill nets up to 800 feet in length are allowed.

     c) Allowable sale includes: salmon, steelhead, walleye, carp, and shad. Sturgeon may not be sold.

     d) Sanctuaries: All standard dam and river mouth sanctuaries are in effect. The small 150 foot sanctuary around Spring Creek Hatchery will be in effect.

     2) Open Periods: Immediately until further notice.

     a) Open Areas: SMCRA 1F, 1G, 1H, the Klickitat River and the White Salmon River.

     b) Gear: Hoop nets, dip bag nets, or hook and line.

     c) Allowable sale includes: Salmon, steelhead, walleye, carp and shad. Commercial sales of platform and hook and line caught fish are allowed during commercial gillnet openings. Fish taken in the Klickitat and White Salmon rivers may be sold when those rivers are open pursuant to lawfully enacted tribal rules.

     3) Notwithstanding the provisions of WAC 220-32-058, the closed area at the mouth of:

     a) Hood River are those waters along the Oregon side of the Columbia River and extends to mid-stream at right angles to the thread of the Columbia River between markers located approximately 0.85 miles down river from the west bank at the end of the break wall at the west end of the port of Hood River and 1/2 mile upriver from the east bank.

     b) Herman Creek are those waters upstream from a line between deadline markers near the mouth. One marker is located on the east bank piling and the other is located on the west bank to the north of the boat ramp.

     c) Deschutes River are those waters of the Columbia River extending to midstream at right angles to the thread of the Columbia River between points 1/2 mile upstream from the eastern shoreline to one mile downstream from the western shoreline.

     d) Umatilla River are those waters of the Columbia River extending to midstream at right angles to the thread of the Columbia River between points 1/2 mile upstream from the eastern shoreline to one mile downstream from the western shoreline.

     e) Big White Salmon River are those waters of the Columbia River extending to midstream at right angles to the thread of the Columbia River between a marker located 1/2 mile downstream from the west bank upstream to Light "35".

     f) Wind River are those waters of the Columbia River extending to midstream at right angles to the thread of the Columbia River between markers located 1 1/4 miles downstream from the west bank and 1/2 mile upstream from the east bank.

     g) Klickitat River are those waters of the Columbia River extending to midstream at right angles to the thread of the Columbia River between the downstream margin of Lyle Landing downstream to a marker located near the railroad tunnel approximately 1/8 miles downstream from the west bank.

     h) Little White Salmon River are those waters of the Columbia River extending to midstream at right angles to the thread of the Columbia River between Light "27" upstream to a marker located approximately 1/2 mile upstream from the eastern shoreline.

     4) Notwithstanding the provisions of WAC 220-22-010, during the open periods described above:

     a. Area 1F (Bonneville Pool) includes those waters of the Columbia River upstream from the Bridge of the Gods, and downstream from the west end of the 3 Mile Rapids located approximately 1.8 miles below the Dalles Dam.

     b. Area 1G includes those waters of the Columbia River upstream from a line drawn between a deadline marker on the Oregon shore located approximately 3/4 miles above The Dalles Dam fishway exit, thence at a right angle to the thread of the river to a point in mid-river, then downstream to Light "1" on the Washington shore, and downstream from Preacher's Eddy Light below John Day Dam.

     c. Area 1H includes those waters of the Columbia River upstream from a fishing boundary marker approximately 1/2 mile above the John Day River, Oregon, extending at a right angle across the thread of the river to a point in mid-river, then downstream to a fishing boundary marker on the Washington shore approximately opposite the mouth of the John Day River, and downstream from a line at a right angle across the thread of the river one mile downstream from McNary Dam.

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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.

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