WSR 00-06-036

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-24 -- Filed February 25, 2000, 4:22 p.m. ]

Date of Adoption: February 25, 2000.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000C; 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: The mainstem salmon fishery will target surplus Willamette Hatchery spring chinook allocated by the Oregon Fish and Wildlife Commission to the commercial fishery. The fishery that is on-going is below these catch guidelines, and an extension is necessary to access the remaining allocation. The select area fisheries are part of an on-going BPA funded study to design fisheries in areas outside of the mainstem Columbia River. Several stocks of salmon have been released from net pens in these select areas to provide for fisheries. All salmon returning to these net pens are harvestable. Impacts to ESA-listed stocks in these fisheries through February "do not constitute an irreversible or irretrievable commitment of resources, in compliance with section 7(d)" of the Endangered Species Act (Stelle letter to Stan Speaks, January 26, 2000). The National Marine Fisheries Service estimates that the biological opinion will be done by February 29, 2000 and will address fisheries beginning March 1, 2000. This rule is consistent with actions of the Columbia River Compact hearings of January 27, 2000, and February 25, 2000, and conforms Washington and Oregon state 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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: Immediately.

February 25, 2000

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-33-01000D
Columbia River gillnet seasons below Bonneville.

Notwithstanding the provisions of WAC 220-33-010, WAC 220-33-020, and WAC 220-33-030, it is unlawful for a person to take or possess salmon, sturgeon, and shad, taken for commercial purposes from Columbia River Salmon Management and Catch Reporting Areas 1A, 1B, 1C, 1D, and 1E except during the times and conditions listed:

1) Mainstem Salmon Fishery

Area: SMCRA 1A, 1B, 1C, 1D and 1E.

Dates: 6 PM February 27 to 6 PM February 29, 2000

Gear: 8 inch minimum mesh and 9 3/4 inch maximum mesh restriction in SMCRA 1A, 1B, 1C, and those waters of 1D upstream to Kelley Point at the mouth of the Willamette River.

9 inch minimum and 9 3/4 inch maximum mesh restriction in SMCRA 1D in those waters upstream of Kelley Point at the mouth of the Willamette River and SMCRA 1E.

Allowable Sale: Salmon and sturgeon.

Sanctuaries: Standard sanctuaries are in place.

2) Blind Slough/Knappa Slough Select Area

Area: Open waters of Blind Slough 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 Washington/Oregon waters extend downstream of the railroad bridge.

Knappa Slough is open to fishing in all waters bounded by a line from the northerly most marker at the mouth of Blind Slough westerly to a marker on Karlson Island downstream to a north-south lin defined by a marker on the eastern end of Minaker Island to markers on Karlson Island and the Oregon shore.

Dates: 7 PM February 27 to 7 AM February 28, 2000

7 PM March 5 to 7 AM March 6, 2000

7 PM March 12 to 7 AM March 13, 2000

7 PM April 23 to 7 AM April 24, 2000

7 PM April 30 to 7 AM May 1, 2000

7 PM May 2 to 7 AM May 3, 2000

7 PM May 7 to 7 AM May 8, 2000

7 PM May 9 to 7 AM May 10, 2000

7 PM May 14 to 7 AM May 15, 2000

7 PM May 16 to 7 AM May 17, 2000

7 PM May 21 to 7 AM May 22, 2000

7 PM May 23 to 7 AM May 24, 2000

7 PM May 28 to 7 AM May 29, 2000

7 PM May 30 to 7 AM May 31, 2000

7 PM June 4 to 7 AM June 5, 2000

7 PM June 6 to 7 AM June 7, 2000

7 PM June 11 to 7 AM June 12, 2000

7 PM June 13 to 7 AM June 14, 2000

Gear: 8 inch minimum mesh restriction from February 27 through March 13, 2000 and 8 inch maximum mesh restriction from April 23 through June 14, 2000.

Nets restricted to 100 fathoms in length with no weight restriction on leadlline.

Allowable Sale: Salmon, sturgeon, shad

Miscellaneous Rules: Transportation or possession of fish outside of the fishing area when the mainstem Columbia is closed is unlawful unless by a licensed buyer. An exception to the rule would allow fishers to transport their catch out of the fishing area with a permit issued by an authorized agency employee after examining the catch or by a self-issued permit in the absence of an authorized employee. One copy of the permit is to be retained by the fisher while the original must be deposited in a box located in or adjacent to the fishing area.

3) Tongue Point/South Channel Select Area

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 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 southwest end of Lois Island due westerly to a marker on the opposite bank.

South Channel is open to fishing in all waters bounded by a line from a marker on John Day Point through the green buoy "7" thence to a marker on the southwest end of Lois Island upstream to an upper boundary line from a marker on Settler Point northwesterly to flashing red marker "10".

All open waters are under concurrent jurisdiction.

Dates: 7 AM to 7 PM February 29, 2000

7 AM to 7 PM March 7, 2000

7 AM to 7 PM March 14, 2000

7 PM April 24 to 5 AM April 25, 2000

7 PM May 1 to 5 AM May 2, 2000

7 PM May 3 to 5 AM May 4, 2000

7 PM May 8 to 5 AM May 9, 2000

7 PM May 10 to 5 AM May 11, 2000

7 PM May 15 to 5 AM May 16, 2000

7 PM May 17 to 5 AM May 18, 2000

7 PM May 22 to 5 AM May 23, 2000

7 PM May 24 to 5 AM May 25, 2000

7 PM May 29 to 5 AM May 30, 2000

7 PM May 31 to 5 AM June 1, 2000

7 PM June 5 to 5 AM June 6, 2000

7 PM June 7 to 5 AM June 8, 2000

7 PM June 12 to 5 AM June 13, 2000

7 PM June 14 to 5 AM June 15, 2000

Gear: 8 inch minimum mesh restriction from February 29 through March 14, 2000.

8 inch maximum mesh restriction from April 24 through June 15, 2000.

In South Channel, nets are restricted to 100 fathoms in length with no weight restrictions on the leadline. Fishers participating in the Tongue Point Basin fishery may have stored on board their boats, gill nets with leadline in excess of 2 pounds per fathom.

Allowable Sale: Salmon, sturgeon and shad.

Miscellaneous Rules: Transportation or possession of fish outside of the fishing area when the mainstem Columbia is closed is unlawful unless by a licensed buyer. An exception to the rule would allow fishers to transport their catch out of the fishing area with a permit issued by an authorized agency employee after examining the catch or by a self-issued permit in the absence of an authorized employee. One copy of the permit is to be retained by the fisher while the original must be deposited in a box located in or adjacent to the fishing area.

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Reviser's note: The spelling errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-33-01000C Columbia River gillnet seasons below Bonneville. (00-22)

Washington State Code Reviser's Office