WSR 01-20-052

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-213 -- Filed September 26, 2001, 4:36 p.m. , effective September 27, 2001, 6:00 a.m. ]

     Date of Adoption: September 26, 2001.

     Purpose: Commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05100I and 220-32-05100J; and 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 period of commercial fishing. The steelhead run size for wild Group B index fish has been upgraded and impacts are available to the treaty fishery. Allows commercial sale from platform and hook and line fishery through September 30. Allows sale of fish caught in the Klickitat River to be sold when the Klickitat River is open, through September 30. Opens the Klickitat River to commercial fishing. Harvestable numbers of salmon are available in the Columbia and Klickitat rivers. Impacts on ESA-listed stocks are expected to be within the guidelines of the 2001 fall management agreement and the biological opinion. Consistent with compact action of September 17, 2001, and September 25, 2001. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 27, 2001, 6:00 a.m.

September 26, 2001

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-32-05100J   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 Catch Reporting Areas 1F, 1G, and 1H, and the Klickitat River except those individuals possessing treaty fishing rights under the Yakima, Warm Springs, Umatilla, and Nez Perce treaties may fish for salmon, shad, carp, or sturgeon under the following provisions pursuant to lawfully enacted tribal rules:

     1)a) Open Periods: 6:00 a.m. September 27 to 6:00 p.m. September 29, 2001

     b) Open Areas: SMCRA 1F, 1G, 1H

     c) Gear: No mesh restriction

     d) Allowable sale includes: salmon and shad

     e) Spring Creek Hatchery Sanctuary: those waters of the Columbia River within a radius of 150 feet of the Spring Creek Hatchery fishway are closed.

     2)a) Open Periods: Immediately through 6:00 p.m. September 30, 2001

     b) Open Areas: SMCRA 1F, 1G, 1H, and the Klickitat River

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

     d) Allowable sale includes: salmon, shad.

     e) Fish taken in the Klickitat River may be sold when the Klickitat River is open pursuant to lawfully enacted tribal rules.

     3)a) Open Periods: Weekly, 12:00 Noon Tuesdays through 12:00 a.m. Midnight Saturdays from October 2, 2001 through December 18, 2001.

     b) Open Areas: The Klickitat River from the site of the former Swinging Bridge (RM 1.5) to Fishway Number 5 (RM 2.2)

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

     d) Allowable sale includes: salmon

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-32-05100I Columbia River salmon seasons above Bonneville Dam. (01-207)

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. December 19, 2001:


WAC 220-32-05100J Columbia River salmon seasons above Bonneville Dam.

© Washington State Code Reviser's Office