WSR 23-07-070
PERMANENT RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 23-40—Filed March 13, 2023, 10:48 a.m., effective April 13, 2023]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The purpose of this rule is to rescind open fishing periods from the permanent Eulachon commercial fishing regulations to align these fishing regulations with current management strategies.
Citation of Rules Affected by this Order: Amending WAC 220-358-060 Commercial fisheries—Columbia River below Bonneville Dam—Smelt.
Adopted under notice filed as WSR 22-21-099 on October 17, 2022.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 17, 2023.
B. Baker, Chair
Fish and Wildlife Commission
OTS-4143.1
AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-358-060Smelt.
It is unlawful to fish for smelt in the lower Columbia River for commercial purposes or to possess smelt taken from those waters for commercial purposes, except as provided in this section:
Gear
(1) Otter trawl gear may be used to fish for smelt if:
(a) The head rope of the trawl does not exceed 25 feet in length.
(b) The foot rope or groundline of the trawl does not exceed 25 feet in length.
(c) The dimensions of the trawl's otter doors do not exceed 3 feet by 4 feet.
(d) The bag length of the trawl, as measured from the center of the head rope to the terminal end of the bunt, does not exceed 35 feet.
(e) The bridal rope from the rear of the otter doors to the foot and head ropes does not exceed 8 feet.
(f) Each breast rope does not exceed 5 feet.
(g) The mesh size used in the trawl does not exceed 2 inches stretch measure.
(h) Only one trawl net is fished from the boat at a time.
(2) Gillnet gear may be used to fish for smelt if it does not exceed 1,500 feet in length along the cork line and the mesh size of the net does not exceed 2 inches stretch measure.
(3) Hand dip net gear may be used to fish for smelt if it does not measure more than 36 inches across the bag frame.
(4) From December 1 through March 31 it is lawful for smelt fishers to have salmon or sturgeon gillnets aboard while fishing for smelt.
((Fishing periods
(5) Otter trawl gear may be used to fish for smelt in SMCRA 1A from 6 p.m. Monday to 6 p.m. Wednesday of each week from March 1 through March 31, and for boats not exceeding 32 feet in length, in SMCRA 1B, 1C, 1D and 1E 7 days per week from December 1 through March 31 of the following year.
(6) Gillnet gear may be used to fish for smelt in SMCRA 1A, 1B, 1C, 1D and 1E 7 days per week from December 1 of each year through March 31 of the following year.
(7) Hand dip net gear may be used to fish for smelt in SMCRA 1A, 1B, 1C, 1D and 1E and tributaries to these areas 7 days per week from December 1 of each year through March 31 of the following year.
(8) The following areas of the lower Columbia River remain closed to smelt fishing during the open time periods specified in this section:
(a) Those waters within one mile of a dam or other obstruction.
(b) Those waters of the Cowlitz River upstream from a monument located at Peterson's Eddy, also known as Miller's Eddy.))