WSR 08-11-011

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-100 -- Filed May 9, 2008, 4:36 p.m. , effective May 11, 2008, 6:00 p.m. ]


     Effective Date of Rule: May 11, 2008, 6:00 p.m.

     Purpose: The purpose of this rule making is to provide for treaty Indian fishing opportunity in the Columbia while protecting salmon listed as threatened or endangered under the Endangered Species Act. This rule making implements federal court orders governing Washington's relationship with treaty Indian tribes and federal law governing Washington's relationship with Oregon.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05100T; and amending WAC 220-32-051.

     Statutory Authority for Adoption: RCW 77.04.130, 77.12.045, and 77.12.047.

     Other Authority: United States v. Oregon, Civil No. 68-513-KI (D. Or.), Order Adopting 2005-2007 Interim Management Agreement For Upriver Chinook, Sockeye, Steelhead, Coho & White Sturgeon (May 11, 2005) (Doc. No. 2407); Puget Sound Gillnetters Ass'n v. Moos, 92 Wn.2d 939, 603 P.2d 819 (1979); 40 Stat. 515 (Columbia River compact).

     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 mainstem commercial platform and hook and line fishery. Continues sale of fish caught in Yakama Nation tributary fisheries to be sold only when those tributaries are open under Yakama Nation rules. The Columbia River treaty tribes will close all mainstem platform and hook and line subsistence fisheries. The TAC updated the upriver run size to 180,000 fish at the river mouth. Based on this run size, there are no spring chinook available for harvest in mainstem fisheries under the ESA limit. Rule is consistent with action of the Columbia River compact on May 9, 2008. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 0, Repealed 1; Federal Rules or Standards: New 1, Amended 0, Repealed 1; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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: May 9, 2008.

Loreva M. Preuss

for Jeff Koenings

Director


NEW SECTION
WAC 220-32-05100U   Columbia River salmon seasons above Bonneville Dam.   Notwithstanding the provisions of WAC 220-32-050, WAC 220-32-051, WAC 220-32-052, and WAC 220-32-058, effective immediately until further notice, it is unlawful for a person to take or possess salmon, steelhead, shad, carp, or sturgeon for commercial purposes in Columbia River Salmon Management Catch Reporting Areas (SMCRA) 1F, 1G, and 1H; and the Wind River, White Salmon River, Klickitat River, and Drano Lake, except that those individuals possessing treaty fishing rights under the Yakama, Warm Springs, Umatilla, and Nez Perce treaties may fish for salmon, shad, carp, or sturgeon under the following provisions, pursuant to lawfully enacted tribal rules:

     1. Effective 6:00 p.m. May 11, the following areas will be closed to commercial fishing:

     a) Open Areas: SMCRA 1F, 1G, 1H

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

     2. Open Periods: 6:00 a.m. May 12, 2008 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: Wind, Little White Salmon (Drano Lake), White Salmon, and Klickitat rivers

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

     c) Allowable sale includes: Chinook, coho, steelhead, walleye, shad, and carp. Sockeye may be retained but not sold. Sturgeon may not be sold.

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REPEALER


     The following section of the Washington Administrative Code is repealed effective 6:00 p.m. May 11, 2008:


WAC 220-32-05100T Columbia River salmon seasons above Bonneville Dam. (08-92)

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