EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: September 29, 2000.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05500D and 220-32-05700H; and amending WAC 220-32-055 and 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 the John Day Pool for sturgeon set line fishing. The guideline of 1,160 has not been reached and harvestable numbers of sturgeon are available. Consistent with Columbia River Compact action of September 22, 2000. Conforms state rules with tribal rules. The tribal fishery has exceeded the preseason expectations for listed Snake River wild fall chinook in the commercial and subsistence fisheries. The tribes have voluntarily chosen to close the platforms/scaffold fisheries to the retention of chinook salmon to allow the impacts to be used in non-Indian fisheries. Total impacts to ESA listed fall chinook in combined treaty Indian and non-Indian fisheries are within the guidelines of the 2000 Management Agreement and the NMFS guidelines. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Immediately.
September 29, 2000
J. P. Koenings
Director
by Larry Peck
Notwithstanding the provisions of WAC 220-32-057, effective immediately, it is unlawful to take, fish for or possess sturgeon taken for commercial purposes in Columbia River Salmon Management Catch Reporting Areas 1F, 1G, and 1H, except those individuals possessing treaty fishing rights under the Yakima, Warm Springs, Umatilla, and Nez Perce treaties may fish for sturgeon with set line gear under the following provisions:
1) Dates: 6:00 a.m. October 2, 2000 until 6:00 p.m. December 31, 2000
2) Open area for set line gear in SMCRA 1H.
3) During the season specified in Section 1, 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 75.28, or to sell or barter sturgeon eggs at retail.
c) deliver to a wholesale dealer licensed under chapter RCW 75.28 any sturgeon that are not in the round with the head and tail intact.
4) 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
5) Allowable sale is sturgeon. Sturgeon caught from scaffolds and platforms may be sold.
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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.
REPEALER
The following section of the Washington Administrative Code is repealed effective 6:01 p.m. December 31, 2000:
| WAC 220-32-05700H | Columbia River sturgeon seasons above Bonneville Dam. |
Notwithstanding the provisions of WAC 220-32-055, effective 12:00 p.m. October 2, 2000 through 11:59 p.m. December 31, 2000, it is unlawful for those individuals possessing treaty fishing rights under the Yakima, Warm Springs, Umatilla, and Nez Perce treaties to retain chinook salmon taken for subsistence purposes from the Columbia River.
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The following section of the Washington Administrative Code
is repealed effective 12:01 a.m. January 1, 2001:
| WAC 220-32-05500D | Off-reservation Indian subsistence fishing |