WSR 03-15-004

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-146 -- Filed July 3, 2003, 8:25 a.m. ]

     Date of Adoption: July 2, 2003.

     Purpose: Amend commercial fishing regulations.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05100D and 220-32-05100E; 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: Allows commercial sale of platform caught fish and tributary caught fish. The summer chinook run size has been updated to over 100,000. The fishery catches are expected to remain within the allocation and guidelines of the 2001 management agreement and will be consistent with the biological opinion. Rule is consistent with action of the Columbia River compact on July 2, 2003. Conforms state rules with tribal 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

July 2, 2003

Evan Jacoby

     for Jeff Koenings

Director


NEW SECTION
WAC 220-32-05100E   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 Wind River, White Salmon River and the Klickitat River except those individuals possessing treaty fishing rights under the Yakima, Warm Springs, Umatilla, and Nez Perce treaties may fish for chinook salmon, steelhead, walleye, shad, carp, and sturgeon under the following provisions, pursuant to lawfully enacted tribal rules:

     (1) Open Periods for SMCRA 1F, 1G, and 1H: - 6:00 a.m. July 3 to 6:00 p.m. July 16, 2003.

     (2) Open Periods for Klickitat River and Big White Salmon River: Yakama Fishers only. Fish caught in the tributaries may be sold during the open periods.

     (a) Klickitat River: 6:00 a.m. July 3 to 6:00 p.m. July 5, 2003

     Noon July 8 to 6:00 p.m. July 12, 2003

     Noon July 15 to 6:00 p.m. July 16, 2003

     (b) Big White Salmon River: 6:00 a.m. July 3 to 6:00 p.m. July 16, 2003, except Sundays.

     (3) Gear: Hoop nets, dip bag nets, and rod and reel with hook and line.

     (4) Allowable sale includes: Chinook, steelhead, Walleye, shad and carp. Also sturgeon between four and five feet in length. Sockeye may not be sold, but may be kept for subsistence purposes.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-32-05100D Columbia River salmon seasons above Bonneville Dam. (03-108)

     The following section of the Washington Administrative Code is repealed effective 6:01 p.m. July 16, 2003:


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

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