WSR 10-07-065

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed March 15, 2010, 3:48 p.m. , effective April 15, 2010 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The fishery has been adopted under emergency rules on an annual basis. This permanent rule will help fishers and processors to plan for the same season each year. The rule will be consistent with the Oregon department of fish and wildlife's rule in concurrent waters of the Columbia River.

Citation of Existing Rules Affected by this Order: Amending WAC 220-33-030.

Statutory Authority for Adoption: RCW 77.04.020, 77.12.045, 77.12.047.

Adopted under notice filed as WSR 10-01-037 on December 9 [7], 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 12, 2010.

Philip Anderson

Director

OTS-2867.1


AMENDATORY SECTION(Amending Order 88-86, filed 9/2/88)

WAC 220-33-030   Shad.   It is unlawful to fish for shad in the lower Columbia River for commercial purposes, or to possess shad taken from those waters for commercial purposes, except as provided in this section:


Gear


(1) Gill net gear may be used to fish for shad if:

(a) The cork line of the gill net does not exceed ((1,500)) 900 feet in length (150 fathoms) and has sufficient buoyancy to float the cork line on the surface. Also, the net may not exceed 40 meshes in depth.

(b) The webbing of the gill net is constructed of mesh having a breaking strength of less than 10 pounds. The gill net may be constructed of monofilament webbing or twine.

(c) The mesh size of the gill net is not less than 5-3/8 inches or more than 6-1/4 inches stretch measure.

(d) The gill net does not have more than a single web. The gill net web shall be suspended between a single cork line and a single lead line.

(e) The gill net does not have added lines, strings, backwalls, trammels, or aprons. Riplines may be used but may not be less than 10 fathoms (60 feet) apart.


Fishing periods


(2) The lower Columbia River is ((closed)) open to commercial shad fishing((, except as provided by emergency rule of the director)) in Shad Area 2S from 3:00 p.m. to 10:00 p.m. daily, Monday through Friday (except on the observed Memorial Day holiday), from May 10 through June 20 annually. Shad taken incidentally during an open commercial salmon or sturgeon fishing period may be retained for commercial purposes.


General


(3) As used in this chapter and in emergency rules of the director, unless the context clearly requires otherwise:

(a) "Shad Area 2S" means those waters of Salmon Management and Catch Reporting Area (SMCRA) 1D and 1E that are upstream of a line projected true north and south from the Oregon shore through the Washougal blinker light (light "50" flashing red) to a fishing boundary marker on the Washington shore ((and to the Oregon shore)) (upper boundary of SMCRA 1E).

(b) "Camas-Washougal Reef Area" means those waters of SMCRA 1D inside of a line commencing at the white six-second equal-interval light approximately 3/4 mile east of the Washougal Woolen Mill pipeline and projected westerly to the Washougal blinker light, thence to the white four-second blinker light on the east end of Lady Island, thence easterly and along the shoreline of Lady Island to the State Highway 14 Bridge, thence easterly and along the shoreline of Lady Island to the State Highway 14 Bridge, thence easterly across the State Highway 14 Bridge to the mainland.

[Statutory Authority: RCW 75.08.080. 88-18-066 (Order 88-86), 220-33-030, filed 9/2/88.]

Washington State Code Reviser's Office