WSR 98-18-029

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-172--Filed August 25, 1998, 4:50 p.m.]



Date of Adoption: August 25, 1998.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000B and 220-33-01000C; 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: Harvestable numbers of salmon and sturgeon are available for commercial harvest. This season is consistent with the precepts of the Olympia accord agreement between the states of Washington and Oregon concerning Columbia River sturgeon allocation, the 1996-1998 management agreement, and the actions of the Columbia River Compact hearing on August 24, 1998. There is insufficient time to promulgate permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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

August 25, 1998

Evan S. Jacoby

for Bern Shanks

Director



NEW SECTION



WAC 220-33-01000C  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) area: Shad Area 2S as defined in WAC 220-33-030

(a) season: 8:00 p.m. August 25, 1998 to 6 a.m. August 26, 1998

(b) gear: 9 inch minimum mesh and 9 3/4 inch maximum mesh

(2) area: blind slough select area

(a) 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.

(b) 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

(c) gear

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

8 inch maximum mesh size.

(3) area: tongue point select area

(a) 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.

(b) 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

(c) 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.

4) allowable sale: salmon and sturgeon

(5) other

(a) 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.

(b) It is unlawful to gaff sturgeon

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

(d) It is unlawful to transport or possess fish outside of the fishing area when the mainstem is closed unless by licensed buyer, except with a permit issued by an authorized agency employee after examining the catch.



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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 Administrative Code is repealed:



WAC 220-33-01000B Columbia River seasons below Bonneville. (98-142)

REPEALER



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



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