EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: December 22, 1999.
Purpose: Commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05700C and 220-32-05700D; and amending WAC 220-32-057.
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 sets standard tribal set line seasons. Harvestable numbers of sturgeon are available and conforms state rules with tribal rules. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 1, 2000, 12 noon.
December 22, 1999
J. P. Koenings
Director
by Larry Peck
Notwithstanding the provisions of WAC 220-32-057, effective noon January 1, 2000, until further notice, it is unlawful to take, fish for or possess sturgeon taken for commercial purposes in Columbia River Salmon Management Catch Reporting Areas 1F, 1G, and 1H, except those individuals possessing treaty fishing rights under the Yakama, Warm Springs, Umatilla, and Nez Perce treaties may fish for sturgeon with set line gear under the following provisions:
1) From noon January 1, 2000 through noon January 31, 2000.
2) During the season specified in Section 1, it is unlawful to:
a) retain for commercial purposes sturgeon less than 48 inches or greater than 60 inches in length.
b) sell, barter, or attempt to sell or barter sturgeon eggs that have been removed from the body cavity of a sturgeon prior to sale of the sturgeon to a wholesale dealer licensed under chapter RCW 75.28, or to sell or barter sturgeon eggs at retail.
c) deliver to a wholesale dealer licensed under chapter RCW 75.28 any sturgeon that are not in the round with the head and tail intact.
3) During the season specified in Section 1, it is unlawful to use set line gear:
a) with more than 100 hooks per set line
b) with hooks less than the minimum size of 9/0
c) with treble hooks
d) without visible buoys attached and with buoys that do not specify operator and tribal identification
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The following section of the Washington Administrative Code
is repealed effective 11:59 a.m. January 1, 2000:
| WAC 220-32-05700C | Columbia River sturgeon seasons above Bonneville Dam. (99-184) |
| WAC 220-32-05700D | Columbia River sturgeon seasons above Bonneville Dam. |