EMERGENCY RULES
FISH AND WILDLIFE
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05100S; 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: Discontinues the commercial sale of platform and hook and line caught fish from the mainstem Columbia River. Opens commercial fishery in the Klickitat River and Drano Lake. Season is consistent with the 2005-2007 management agreement and the biological opinion. Consistent with action of the Columbia River compact of October 10, 2005, and conforms 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: October 11, 2005.
Lew Atkins
for Jeff Koenings
Director
1) Klickitat River
a) Open Areas: Klickitat River. Tribal commercial fishing is allowed in the waters of the 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.
b) Open Periods: 12:00 p.m. Mondays to 6:00 p.m. Saturdays, weekly immediately through December 24, 2005.
c) Gear: Hoop nets, dip bag nets, or hook and line.
d) Allowable sale includes: Only Chinook and Coho Salmon taken within the fishing area described above may be sold. Chinook and Coho that are sold outside a 1-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.
2) Drano Lake
a) Open Area: The area open to fishing encompasses all of Drano Lake from the highway bridge at the outlet to the orange markers near the mouth of the Little White Salmon River.
b) Open Periods: Tuesday nights at 9:00 p.m. until Wednesdays at 12:00 p.m., immediately until further notice.
c) Gear: Each fisher may use on piece of legal gear, which includes floating gillnets not longer than 150 feet, hoopnets fished from bank or boat, or hook and line with bait or lures. All other types of gear and methods are prohibited. Snagging or gaffing of fish and driftnetting are specifically prohibited.
d) Allowable Sale: Commercial sale is allowed during this fishery. Allowable sales are salmon, including steelhead, walleye, shad, and carp. Sturgeon may not be sold. However, sturgeon between 45 inches and 60 inches in total length may be kept for subsistence purposes.
e) Miscellaneous: Fishers must have in their possession at all times a Drano Lake fishery permit and a Yakama Enrollment card. Failure to present the permit or enrollment card upon demand by tribal game wardens may result in a citation. All fish must be landed at the boat ramp at Drano Lake for inspection by the tribal monitor or the enforcement agent. Fish shall not be landed at any other location.
3) Effective 6:00 p.m. October 12, sale of platform and hook and line caught fish in SMCRA 1F, 1G, and 1H is not allowed, except sturgeon may be retained in SMCRA 1G.
4) Notwithstanding the provisions of WAC 220-32-058, the closed area at the mouth of:
a) Hood River are those waters along the Oregon side of the Columbia River and extends to mid-stream at right angles to the thread of the Columbia River between markers located approximately 0.85 miles down river from the west bank at the end of the break wall at the west end of the port of Hood River and 1/2 mile upriver from the east bank.
b) Herman Creek are those waters upstream from a line between deadline markers near the mouth. One marker is located on the east bank piling and the other is located on the west bank to the north of the boat ramp.
c) Deschutes River are those waters of the Columbia River extending to midstream at right angles to the thread of the Columbia River between points 1/2 mile upstream from the eastern shoreline to one mile downstream from the western shoreline.
d) Umatilla River are those waters of the Columbia River extending to midstream at right angles to the thread of the Columbia River between points 1/2 mile upstream from the eastern shoreline to one mile downstream from the western shoreline.
e) Big White Salmon River are those waters of the Columbia River extending to midstream at right angles to the thread of the Columbia River between a marker located 1/2 mile downstream from the west bank upstream to Light "35".
f) Wind River are those waters of the Columbia River extending to midstream at right angles to the thread of the Columbia River between markers located 1 1/4 miles downstream from the west bank and 1/2 mile upstream from the east bank.
g) Klickitat River are those waters of the Columbia River extending to midstream at right angles to the thread of the Columbia River between the downstream margin of Lyle Landing downstream to a marker located near the railroad tunnel approximately 1/8 miles downstream from the west bank.
h) Little White Salmon River are those waters of the Columbia River extending to midstream at right angles to the thread of the Columbia River between Light "27" upstream to a marker located approximately 1/2 mile upstream from the eastern shoreline.
5) Notwithstanding the provisions of WAC 220-22-010, during the open periods described above:
a. Area 1F (Bonneville Pool) includes those waters of the Columbia River upstream from the Bridge of the Gods, and downstream from the west end of the 3 Mile Rapids located approximately 1.8 miles below the Dalles Dam.
b. Area 1G includes those waters of the Columbia River upstream from a line drawn between a deadline marker on the Oregon shore located approximately 3/4 miles above The Dalles Dam fishway exit, thence at a right angle to the thread of the river to a point in mid-river, then downstream to Light "1" on the Washington shore, and downstream from Preacher's Eddy Light below John Day Dam.
c. Area 1H includes those waters of the Columbia River upstream from a fishing boundary marker approximately 1/2 mile above the John Day River, Oregon, extending at a right angle across the thread of the river to a point in mid-river, then downstream to a fishing boundary marker on the Washington shore approximately opposite the mouth of the John Day River, and downstream from a line at a right angle across the thread of the river one mile downstream from McNary Dam.
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The following section of the Washington Administrative Code is repealed:
| WAC 220-32-05100S | Columbia River salmon seasons above Bonneville Dam. (05-231) |