EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: February 18, 2004.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000S; 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 and Blind Slough/Knappa Slough 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 5, 2004, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.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:
Immediately.
February 18, 2004
J. P. Koenings
Director
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) Gear: 7 1/4-inch minimum mesh through March 7 and 8-inch maximum mesh thereafter. Mono-filament gill nets are allowed. Nets restricted to 100 fathoms in length with no weight restriction on leadline.
b) Dates:
7:00 p.m. Saturdays to 7:00 a.m. Sundays immediately through March 7, 2004
7:00 p.m. Thursdays to 7:00 a.m. Fridays April 22 through April 30, 2004
7:00 p.m. Mondays to 7:00 a.m. Tuesdays May 3 until further notice
7:00 p.m. Thursdays to 7:00 a.m. Fridays May 3 until further notice
Only Blind Slough is open through March 7. After March 7, both Blind Slough and Knappa Slough are open.
c) Allowable Sale: Salmon, sturgeon, shad. A maximum of three white sturgeon may be possessed or sold by each participating vessel during each open period through March 7.
d) Other: Quick reporting required for Washington wholesale dealers, WAC 220-69-240.
2) Deep River Select Area
a) Area: Deep River boat launch upstream to the Highway 4 Bridge.
b) Dates:
7:00 p.m. Thursdays to 7:00 a.m. Fridays April 22 through April 30, 2004
7:00 p.m. Mondays to 7:00 a.m. Tuesdays May 3 until further notice
7:00 p.m. Thursdays to 7:00 a.m. Fridays May 3 until further notice
c) Gear: 8-inch maximum mesh size.
d) Allowable sale: salmon, sturgeon, shad.
e) Miscellaneous: Transportation or possession of fish outside the fishing area is unlawful unless by licensed buyer. An exception to the rule would allow fishers to transport their catch out of the fishing are with a permit issued by an authorized agency employee after examining the catch.
f) Other: Quick reporting required for Washington wholesale dealers, WAC 220-69-240.
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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 7:00 a.m. June 16, 2004:
| WAC 220-33-01000S | Columbia River gillnet seasons below Bonneville. |