WSR 98-20-017
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 98-202--Filed September 25, 1998, 1:39 p.m., effective September 29, 1998, 12:01 a.m.]
Date of Adoption: September 25, 1998.
Purpose: Commercial fishing regulations.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05500S; and amending WAC 220-32-055.
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 fall chinook and coho are available for tribal harvest in the Klickitat River. Season is consistent with state/tribal management plans. Matches state regulations with tribal regulations. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: September 29, 1998, 12:01 a.m.
September 25, 1998
Larry W. Peck
Acting Director
NEW SECTION
WAC 220-32-05500S Columbia River tributaries - Subsistence Notwithstanding the provisions of WAC 220-32-055, it is unlawful for a person possessing treaty fishing rights under the Yakama treaty to take or possess salmon taken for subsistence or commercial purposes from the Klickitat River except under the following provisions:
Open: Noon Tuesdays to 6:00 p.m. Saturdays weekly from September 29 through December 19, 1998.
Area: In those waters of the Klickitat River from the site of the former Swinging Bridge upstream to Fishway #5, provided that fishing is not allowed within 25 feet of the entrance to any fishway.
Gear: Fishing may be conducted with dipnets, setbag nets, or hook and line with bait or lures. Snagging of fish is prohibited. All other gears shall be unlawful.
Other: Only chinook and coho salmon taken within the fishing area described above may be sold. Steelhead may not be sold. All fish must be sold within one mile of the Klickitat Falls fishing area.
[]
REPEALER
The following section of the Washington Administrative Code is repealed effective 11:59 p.m. December 19, 1998:
WAC 220-32-05500S Columbia River tributaries--Subsistence.