WSR 98-20-088

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-214--Filed October 6, 1998, 4:44 p.m., effective October 7, 1998, 7:00 a.m.]



Date of Adoption: October 6, 1998.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000C and 220-33-01000D; 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 sturgeon and salmon are available. Provides non-Indian commercial industry with opportunity to harvest their share of commercial sturgeon allocation. Season is consistent with the precepts of the Olympia Accord agreement between the states of Washington and Oregon, the 1996-98 Management Agreement, and actions of the Columbia River Compact hearing on October 5, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: October 7, 1998, 7:00 a.m.

October 6, 1998

Evan Jacoby

for Larry Peck

Acting Director



NEW SECTION



WAC 220-33-01000D  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:

area: SMCRA 1A, 1B, 1C, 1D, and 1E

season: 7:00 a.m. October 7 to 7:00 p.m. October 7, 1998.

12 noon October 12, 1998 to 6 p.m. Tuesday, October 13, 1998.

12 noon Thursday, October 15, 1998 to 6 p.m. Friday, October 16, 1998.

12 noon Monday, October 19, 1998 to 6 p.m. Tuesday, October 20, 1998.

12 noon Thursday, October 22, 1998 to 6 p.m. Friday, October 23, 1998.

12 noon Monday, October 26, 1998 to 6 p.m. Tuesday, October 27, 1998.

12 noon Thursday, October 29, 1998 to 6 p.m. Friday, October 30, 1998.

gear: 9 inch minimum mesh and 9 3/4 inch maximum mesh

allowable sale: Salmon and sturgeon

sanctuaries: Grays Bay, Elokomin, Cowlitz, Kalama, Washougal, Big Creek, Sandy, and the Lewis-B sanctuary.

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.

fishing periods

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

Immediately through October 21, 1998

gear

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

8 inch maximum mesh size.

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.

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 waters are under concurrent jurisdiction.

fishing periods

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

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

Immediately through October 23, 1998

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.

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:



WAC 220-33-01000C Columbia River salmon seasons below Bonneville. (98-172)



The following section of the Washington Administrative Code is repealed effective 6:01 p.m. October 30, 1998:



WAC 220-33-01000D Columbia River salmon seasons below Bonneville.

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