WSR 03-21-050

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-262 -- Filed October 10, 2003, 4:10 p.m. , effective October 14, 2003, 12:00 noon ]

     Date of Adoption: October 10, 2003.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05100M and 220-32-05100N; 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: Chinook and coho are available for harvest in the Klickitat River and are not needed for brookstock. Allowing sale of fish commercially provides the opportunity for fishers to sell fish not needed for subsistence purposes. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 14, 2003, 12:00 noon.

October 10, 2003

J. P. Koenings

Director


NEW SECTION
WAC 220-32-05100N   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 treaty my fish for salmon, shad, carp, or sturgeon under the following provisions pursuant to lawfully enacted tribal rules:

     Open Periods: Noon Tuesdays through 6:00 p.m. Saturdays

     Weekly from October 14, 2003 to December 13, 2003

     Open Areas: Klickitat River

     Gear: Dip nets, set bag nets, or hook and line with bait or lures. Snagging of fish is prohibited.

     Allowable sale includes: Chinook and coho. Steelhead may not be sold but may be retained for subsistence purposes.

     Other: Fishers must have a transportation ticket issued to them by the Yakama Nation in order to sell fish outside a one mile radius of Klickitat Falls.

[]

     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. October 11, 2003:


WAC 220-32-05100M Columbia River salmon seasons above Bonneville Dam. (03-256)

     The following section of the Washington Administrative Code is repealed effective 6:01 p.m. December 13, 2003:


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

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