WSR 06-20-057

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-250 -- Filed September 29, 2006, 8:46 a.m. , effective October 3, 2006, 6:00 a.m. ]


Effective Date of Rule: October 3, 2006, 6:00 a.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05100D; 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 seventh week of fishing for the 2006 fall treaty Indian commercial fishery. Continues to allow the sale of fish caught in platform and hook and line fishery in Zone 6. Also allows the sale of fish caught in Yakama Nation tributary fisheries to be sold when those tributaries are open under Yakama Nation rules, and allows sales of fish caught in the Drano Lake fishery, which begins October 3. Impacts to listed Snake River wild chinook are projected to be 22% through the end of this period, compared to the ESA guideline of 23.04%. Harvestable numbers of salmon and steelhead are available under the ESA guideline. The fishery catches are expected to remain within the allocation and guidelines of the 2005-2007 management agreement. Rule is consistent with action of the Columbia River compact on September 27, 2006. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 28, 2006.

J. P. Koenings

Director


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

1) Open Periods: 6:00 a.m. October 3 to 6:00 p.m. October 6, 2006

a) Open Areas: SMCRA 1F, 1G, 1H,

b) Gear: Gill Nets. 8-inch minimum mesh restriction.

c) Sanctuaries: All standard dam and river mouth sanctuaries are in effect.

d) Allowable sale: salmon, steelhead, walleye, shad, carp. Sockeye may be retained but not sold. Sturgeon may not be sold, but may be retained for subsistence purposes. Legal size limits for sturgeon retention are between 45 inches and 60 inches in the Bonneville Pool (SMCRA 1F) and between 48 inches and 60 inches in The Dalles and John Day pools (SMCRA 1G, 1H).

2. Open Periods: Effective immediately until further notice.

a) Open Areas: Those areas of SMCRA 1F, 1G, 1H, that are described in WAC 220-32-055 (2)(a).

b) Gear: hoop nets, dip bag nets, and rod and reel with hook and line.

c) Allowable sale: salmon, steelhead, walleye, shad, carp. Sockeye may be retained but not sold. Sturgeon may not be sold, but may be retained for subsistence purposes. Legal size limits for sturgeon retention are between 45 inches and 60 inches in the Bonneville Pool (SMCRA 1F) and between 48 inches and 60 inches in The Dalles and John Day pools (SMCRA 1G, 1H).

3. Open Periods: Immediately until further notice and only during those days and hours when those tributaries are open under lawfully enacted Yakama Nation tribal subsistence fisheries, for enrolled Yakama Nation members.

a) Open Areas: White Salmon and Klickitat rivers and Drano Lake.

b) Gear: hoop nets, dip bag nets, and rod and reel with hook and line. Gillnets in Drano Lake only

c) Allowable sale: salmon, steelhead, walleye, shad, carp. Sockeye may be retained but not sold. Sturgeon may not be sold, but may be retained for subsistence purposes. Legal size limits for sturgeon retention are between 45 inches and 60 inches in the Bonneville Pool (SMCRA 1F) and between 48 inches and 60 inches in The Dalles and John Day pools (SMCRA 1G, 1H). Fish taken in the Klickitat and White Salmon rivers, and Drano Lake may be sold when those rivers are open pursuant to lawfully enacted tribal rules.

4. OTHER: Yakama tribal members must have a permit issued by the Yakama Nation to fish in Drano Lake. Fisheries in Drano Lake will likely occur from Tuesday nights at 9:00 p.m. until Wednesdays at noon.

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 Administration Code is repealed effective 6:00 a.m. October 3, 2006:


WAC 220-32-05100D Columbia River salmon seasons above Bonneville Dam. (06-242)

Washington State Code Reviser's Office