Date of Adoption: April 16, 2003.

     Purpose: Amend commercial fishing regulations.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000D; 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: The select area fisheries in Deep River, Blind Slough/Knappa Slough, and Tongue Point/South Channel 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. Impacts to ESA-listed stocks in these fisheries are covered under the biological opinion for the interim management agreement. This rule is consistent with actions of the Columbia River compact hearings of February 6, 2003, and conforms Washington and Oregon state rules. There is insufficient time to promulgate permanent rules.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 17, 2003, 7:00 p.m.

April 16, 2003

J. P. Koenings

Director

by Larry Peck

     1) Blind Slough/Knappa Slough Select Area

     Area: Open waters of Blind Slough extend from markers at the mouth of Gnat Creek located approximately 1/2 mile upstream of the county road bridge, downstream to markers at the mouth of Blind Slough. Concurrent Washington/Oregon waters extend downstream of the railroad bridge.

     Knappa Slough is open to fishing in 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 a north-south line defined by a marker on the eastern end of Minaker Island to markers on Karlson Island and the Oregon shore.

     a) Blind Slough and Knappa Slough

     Gear: 8-inch maximum mesh. Mono-filament gill nets are allowed. Nets restricted to 100 fathoms in length with no weight restriction on leadlline.

     Dates:

     7:00 p.m. April 17 to 7:00 a.m. April 18, 2003

     7:00 p.m. April 24 to 7:00 a.m. April 25, 2003

     7:00 p.m. April 29 to 7:00 a.m. April 30, 2003

     7:00 p.m. May 1 to 7:00 a.m. May 2, 2003

     7:00 p.m. May 6 to 7:00 a.m. May 7, 2003

     7:00 p.m. May 8 to 7:00 a.m. May 9, 2003

     7:00 p.m. May 13 to 7:00 a.m. May 14, 2003

     7:00 p.m. May 15 to 7:00 a.m. May 16, 2003

     7:00 p.m. May 20 to 7:00 a.m. May 21, 2003

     7:00 p.m. May 22 to 7:00 a.m. May 23, 2003

     7:00 p.m. May 27 to 7:00 a.m. May 28, 2003

     7:00 p.m. May 29 to 7:00 a.m. May 30, 2003

     7:00 p.m. June 3 to 7:00 a.m. June 4, 2003

     7:00 p.m. June 5 to 7:00 a.m. June 6, 2003

     7:00 p.m. June 10 to 7:00 a.m. June 11, 2003

     7:00 p.m. June 12 to 7:00 a.m. June 13, 2003

     Allowable Sale: Salmon, sturgeon, shad

     2) Tongue Point/South Channel Select Area

     Area: Tongue Point Basin is open to fishing in all waters bounded by a line from the red light at Tongue Point to the flashing green light at Tongue Point 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.

     South Channel is open to fishing in 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".

     All open waters are under concurrent jurisdiction.

     Dates:

     7:00 p.m. April 17 to 7:00 a.m. April 18, 2003

     7:00 p.m. April 24 to 7:00 a.m. April 25, 2003

     7:00 p.m. April 29 to 7:00 a.m. April 30, 2003

     7:00 p.m. May 1 to 7:00 a.m. May 2, 2003

     7:00 p.m. May 6 to 7:00 a.m. May 7, 2003

     7:00 p.m. May 8 to 7:00 a.m. May 9, 2003

     7:00 p.m. May 13 to 7:00 a.m. May 14, 2003

     7:00 p.m. May 15 to 7:00 a.m. May 16, 2003

     7:00 p.m. May 20 to 7:00 a.m. May 21, 2003

     7:00 p.m. May 22 to 7:00 a.m. May 23, 2003

     7:00 p.m. May 27 to 7:00 a.m. May 28, 2003

     7:00 p.m. May 29 to 7:00 a.m. May 30, 2003

     7:00 p.m. June 3 to 7:00 a.m. June 4, 2003

     7:00 p.m. June 5 to 7:00 a.m. June 6, 2003

     7:00 p.m. June 10 to 7:00 a.m. June 11, 2003

     7:00 p.m. June 12 to 7:00 a.m. June 13, 2003

     Gear: a) Tongue Point. 8-inch maximum mesh. Mono-filament gill nets are allowed. Legal gear restricted to a maximum length of 250 fathoms and weight on leadline not to exceed 2 pounds on any one fathom within Tongue Point Basin. Fishers participating in the Tongue Point Basin fishery may have stored on board their boats, gill nets with leadline in excess of 2 pounds per fathom.

     b) South Channel. 8-inch maximum mesh. Mono-filament gill nets are allowed. Nets are restricted to 100 fathoms in length with no weight restrictions on the leadline.

     Allowable Sale: Salmon, sturgeon and shad.

     3) Deep River Select Area

     Area: Upstream of a line from Channel Marker 16 southwesterly to a fishing boundary marker on the opposite bank, to the Highway 4 Bridge.

     Dates:

     7:00 p.m. April 17 to 7:00 a.m. April 18, 2003

     7:00 p.m. April 22 to 7:00 a.m. April 23, 2003

     7:00 p.m. April 23 to 7:00 a.m. April 24, 2003

     7:00 p.m. April 24 to 7:00 a.m. April 25, 2003

     7:00 p.m. April 29 to 7:00 a.m. April 30, 2003

     7:00 p.m. April 30 to 7:00 a.m. May 1, 2003

     7:00 p.m. May 1 to 7:00 a.m. May 2, 2003

     7:00 p.m. May 6 to 7:00 a.m. May 7, 2003

     7:00 p.m. May 7 to 7:00 a.m. May 8, 2003

     7:00 p.m. May 8 to 7:00 a.m. May 9, 2003

     7:00 p.m. May 13 to 7:00 a.m. May 14, 2003

     7:00 p.m. May 14 to 7:00 a.m. May 15, 2003

     7:00 p.m. May 15 to 7:00 a.m. May 16, 2003

     7:00 p.m. May 20 to 7:00 a.m. May 21, 2003

     7:00 p.m. May 21 to 7:00 a.m. May 22, 2003

     7:00 p.m. May 22 to 7:00 a.m. May 23, 2003

     7:00 p.m. May 27 to 7:00 a.m. May 28, 2003

     7:00 p.m. May 28 to 7:00 a.m. May 29, 2003

     7:00 p.m. May 29 to 7:00 a.m. May 30, 2003

     7:00 p.m. June 3 to 7:00 a.m. June 4, 2003

     7:00 p.m. June 4 to 7:00 a.m. June 5, 2003

     7:00 p.m. June 5 to 7:00 a.m. June 6, 2003

     7:00 p.m. June 10 to 7:00 a.m. June 11, 2003

     7:00 p.m. June 11 to 7:00 a.m. June 12, 2003

     7:00 p.m. June 12 to 7:00 a.m. June 13, 2003.

[]

     Reviser's note: The spelling 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. June 13, 2003:

WAC 220-33-01000D

Columbia River gillnet seasons below Bonneville.

© Washington State Code Reviser's Office