Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000B; and amending WAC 220-33-010.

Statutory Authority for Adoption: RCW 75.08.080.

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: (1) Harvestable numbers of sturgeon remain on the commercial allocation. The season provides the commercial industry access to a portion of their sturgeon allocation during a time frame when salmon and steelhead are not present in large numbers, and to provide maximum economic benefits. This season is consistent with the precepts of the Olympia Accord agreement between the states of Washington and Oregon concerning Columbia River sturgeon allocation, and is consistent with actions of the Columbia River Compact hearing on July 30, 1998.

(2) Harvestable numbers of salmon from net pen releases are available for the select area fisheries at Tongue Point and Blind Slough. These select areas are part of an on-going BPA funded study to design fisheries in areas outside of the mainstem Columbia River, and the purpose of the study is to provide fisheries. Rule is consistent with actions of the Columbia River Compact hearing of July 30, 1998. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: August 4, 1998, 5:00 p.m.

August 3, 1998

Larry W. Peck

for Bern Shanks

Director

WAC 220-33-01000B  Columbia River seasons below Bonneville. Notwithstanding the provisions of WAC 220-33-010, and 220-33-020, it is unlawful for a person to take or possess salmon or sturgeon taken for commercial purposes from Columbia River Salmon Management and Catch Reporting Areas 1A, 1B, 1C, 1D, and 1E, except as provided in the following subsections:

(1) open area

SMCRA 1A, 1B and 1C upstream to the Longview Bridge.

(a) fishing periods

5 P.M. August 4 through 5 A.M. August 5, 1998

(b) gear

It is unlawful to fish for salmon and sturgeon with gill net gear that:

a) is less than 9 inch minimum mesh or greater than 9 3/4 inch maximum mesh

b) has lead or weight on the leadline that exceeds two pounds in any one fathom, with measurement taken along the corkline of the net.

(c) other

White sturgeon less than 48 inches or greater than 60 inches, or green sturgeon less than 48 inches or greater than 66 inches may not be retained for commercial purposes and shall be returned immediately to the water.

It is unlawful to gaff sturgeon.

It is unlawful to sell unprocessed eggs from lower Columbia River sturgeon.

(d) sanctuaries

Standard river mouth sanctuaries as described in WAC 220-33-005.

(2) open area: blind slough select area

Open waters extend from markers at the mouth of Gnat Creek located approximately 1/2 mile upstream of the county road bridge downstream to markers at the mouth of Blind Slough. Concurrent Oregon and Washington waters extend downstream of the railroad bridge. Oregon waters extend upstream of the railroad bridge.

(a) fishing periods

7 P.M. Mondays to 7 A.M. Tuesdays

7 P.M. Tuesdays to 7 A.M. Wednesdays

September 8 through September 23, 1998

6 P.M. Sundays to 8 A.M. Mondays

6 P.M. Mondays to 8 A.M. Tuesdays

6 P.M. Tuesdays to 8 A.M. Wednesdays

September 27 through October 21, 1998

(b) gear

Nets restricted to 50 fathoms in length with no weight restriction on leadline.

8 inch maximum mesh size.

(c) other

Unlawful to transport or possess fish outside of the fishing area when the mainstem is closed unless by licensed buyer. An exception to this rule would allow transportation out of the fishing area with a permit issued by an authorized agency employee after examining the catch.

(3) open area: tongue point select area

Tongue Point Basin is open to fishing in all waters bounded by a line from the red light at Tongue Point to the flashing green light at the rock jetty on the northwesterly tip of Mott Island, a line from a marker at the south end of Mott Island easterly to a marker on the northwest bank on Lois Island, and a line from a marker on the south-west end of Lois Island due westerly to a marker on the opposite bank. All open water are under concurrent jurisdiction.

(a) fishing periods

7 P.M. Wednesdays to 7 A.M. Thursdays

7 P.M. Thursdays to 7 A.M. Fridays

September 10 through September 25, 1998

6 P.M. Wednesdays to 8 A.M. Thursdays

6 P.M. Thursdays to 8 A.M. Fridays

September 30 through October 23, 1998

(b) gear

Nets restricted to a maximum length of 250 fathoms and weight restriction on leadline not to exceed 2 pounds per fathom. However, fishers participating in the Tongue Point Select Area fishery may have gill nets stored on board their boats with leadline in excess of 2 pounds per fathom. 8 inch maximum mesh size.

(c) other

Unlawful to transport or possess fish outside of the fishing area when the mainstem is closed unless by licensed buyer. An exception to this rule would allow transportation out of the fishing area with a permit issued by an authorized agency employee after examining the catch.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 8:01 a.m. October 23, 1998:

WAC 220-33-01000B Columbia River seasons below Bonneville.