WSR 03-20-019

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-246 -- Filed September 22, 2003, 4:41 p.m. ]

     Date of Adoption: September 22, 2003.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 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 the fifth week of the treaty Indian fall season. Harvestable numbers of salmon are available. Allows commercial sale of platform and hook and line caught fish to be sold in the treaty Indian fishery. Season is consistent with the management agreement and the biological opinion. The fishery is consistent with actions of the Columbia River compact of September 19, 2003, and August 22, 2003. Conforms to 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 22, 2003

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-32-05100K   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, steelhead, walleye, 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 24, 2003 to 6:00 p.m. September 27, 2003

     a) Open Areas: SMCRA 1F, 1G, 1H

     b) Gear: No mesh restriction

     c) Allowable sale includes: chinook, coho, steelhead, walleye, carp, and shad. Sturgeon may not be sold. Sturgeon between 4-5 feet in length may be retained for subsistence purposes. Sockeye may not be sold but may be retained for subsistence purposes.

     d) Sanctuaries: All standard sanctuaries except the small 150 foot sanctuary around Spring Creek Hatchery.

     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: Chinook, coho, steelhead, walleye, carp and shad. Sturgeon between 4-5 feet in length may not be sold but may be retained for subsistence purposes. Sockeye may not be sold but may be retained for subsistence purposes. Fish taken in the Klickitat and White Salmon rivers may be sold when those rivers are open pursuant to lawfully enacted tribal rules. The Klickitat River is currently open Tuesday through Saturday weekly and the White Salmon River is open Monday through Saturday weekly.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-32-05100J Columbia River seasons above Bonneville. (03-237)

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