WSR 98-22-005
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 98-221--Filed October 22, 1998, 2:37 p.m.]
Date of Adoption: October 22, 1998.
Purpose: Commercial fishing regulations.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000D and 220-33-01000E; 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: This regulation closes the last week of commercial sturgeon season and reduces hours for the remaining week. Modification of the season was necessary because the catches to date are nearing the annual commercial sturgeon allocation guideline. This regulation is consistent with actions of the Columbia River Compact hearing of October 21, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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.
October 22, 1998
Mike Kuttel
for Larry Peck
Acting Director
NEW SECTION
WAC 220-33-01000E 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
open: 8:00 p.m. Thursday October 22 to 8:00 a.m. Friday October 23, 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: 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 220-33-01000D Columbia River salmon seasons below Bonneville. (98-214)
The following section of the Washington Administrative Code is repealed effective 11:59 p.m. October 23, 1998:
WAC 220-33-01000E Columbia River salmon seasons below Bonneville.