WSR 98-22-029

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-224--Filed October 28, 1998, 5:02 p.m.]

Date of Adoption: October 28, 1998.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-22-101 [220-33-010], 220-33-020, and 220-57-175.

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 are available in the Columbia River. Provides eighteen hour mainstem season to harvest portion of commercial sturgeon allocation. Sets one more week of fishing in Tongue Point and Blind Slough select areas to harvest surplus coho. Opens jack coho fishery on Cowlitz River due to unexpected high abundance. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 3, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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

October 28, 1998

Larry Peck

Acting Director

NEW SECTION

WAC 220-57-17500K  Cowlitz River. Effective immediately until further notice, it is unlawful to fish for or possess salmon taken for personal use from the waters of the Cowlitz River except as provided for in this section. Special daily limit of six coho salmon, minimum size 12 inches, release all coho salmon 20 inches and greater in length. Release wild coho.

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NEW SECTION

WAC 220-33-01000K  Columbia River season below Bonneville Notwithstanding the provision 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: Noon Thursday, October 29, 1998 to 6 a.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. Wednesday, October 28, 1998 to 8 a.m. Thursday, October 29, 1998

6 p.m. Thursday, October 29, 1998 to 8 a.m. Friday, October 30, 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. Wednesday, October 28 1998 to 8 a.m. Thursday, October 29, 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 effective 11:59 p.m. October 30, 1998:

WAC 220-33-01000K Columbia River season below Bonneville (98-224)