WSR 04-22-063

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-293 -- Filed October 29, 2004, 4:08 p.m. , effective October 30, 2004, 6:00 p.m. ]


     

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05100F; 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: Closes sale of platform and hook and line caught fish in the treaty Indian mainstem fishery. The commercial gillnet season has been completed and the tribes will be pursuing subsistence permit fishing. The Klickitat River will remain open for commercial sale through the end of the year. Harvestable numbers of salmon are available. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: October 29, 2004.

Philip Anderson

for Jeff Koenings

Director


NEW SECTION
WAC 220-32-05100G   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 and Catch Reporting Areas 1F, 1G, and 1H, and the Klickitat and White Salmon rivers, and Drano Lake, except those individuals possessing treaty fishing rights under the Yakima Treaty may fish for salmon, shad, carp, sturgeon, steelhead and walleye under the following provisions pursuant to lawfully enacted tribal rules:

     1) Open Periods: Weekly from 12:00 p.m. Tuesdays to 6:00 p.m. Saturdays.

     2) Effective dates: 12:00 p.m. November 2, 2004 through December 25, 2004.

     3) Open Areas: Klickitat River from the mouth to the confluence with the Big Muddy Creek, provided that fishing is not allowed within 25 feet of the entrance to any fishway or inside the boundary markers at the Klickitat Hatchery.

     4) Gear: set bag nets, dip nets or hook and line with bait or lures. Snagging of fish is prohibited. All other gear is unlawful.

     5) Allowable sale includes: chinook, coho. Steelhead may not be sold. Chinook and coho that are sold outside a one mile radius from the Klickitat Falls may be sold by Yakama Nation Transfer Permit only. Transfer permits may be obtained from the Yakama Nation Tribal Council.

     6) This fishery is open to enrolled members of the Yakama Nation.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed effective 6:00 p.m. October 30, 2004:


WAC 220-32-05100F Columbia River salmon seasons above Bonneville Dam. (04-282)

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