Title of Rule: Commercial fishing rules.

Purpose: Amend rules for commercial fish harvest on Columbia River.

Statutory Authority for Adoption: RCW 75.08.080.

Statute Being Implemented: RCW 75.08.080.

Summary: Amends rules for sturgeon, salmon and smelt harvest on Columbia River.

Reasons Supporting Proposal: The states of Washington and Oregon, through the Columbia River Compact, have made recommendations to modify gear requirements, allow possession of nets aboard vessels and disallow sturgeon gaffing.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2927.

Name of Proponent: Washington State Department of Fish and Wildlife, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: A maximum mesh size for sturgeon gear and a prohibition on gaffing in the nontreaty fishery will protect undersized and oversized fish. Treaty Indian sturgeon gear and size allowances are made the same as for non-Indians. These gear and size allowances protect sturgeon broodstock fish. Nontreaty salmon rules are modified to prevent diver gear except in the Tongue Point area. Smelt and salmon nontreaty fishers are allowed to have sturgeon, smelt and salmon nets aboard while fishing. These rules allow fishers to fish more effectively, while not adversely impacting other fisheries.

Proposal does not change existing rules. Commercial fishing gear changes.

June 5, 2000

Evan Jacoby

Rules Coordinator

OTS-2273.2

AMENDATORY SECTION(Amending Order 82-142, filed 9/21/82)

WAC 220-32-057
Season -- Sturgeon.

(1) It is unlawful to take, fish for or possess sturgeon taken for commercial purposes in Columbia River Salmon Management and Catch Reporting Areas 1F, 1G, and 1H except ((as provided for in this section:

(1))) individuals possessing treaty fishing rights pursuant to the Yakima, Warm Springs, Umatilla, and Nez Perce treaties may fish for sturgeon with setline gear from ((12:00 noon August)) January 1((, 1982 to 12:00 noon)) through January ((15, 1983)) 31, and during seasons opened under emergency rule by the department and as provided in this section.

(2) ((Set line gear is limited to not more than 100 hooks per setline.

(3) Minimum hook size is 9/0 and treble hooks are prohibited.)) During the open season:

(a) It is unlawful to retain for commercial purposes sturgeon less than 48 inches or greater than 60 inches in length;

(b) To sell, barter, or attempt to sell or barter sturgeon eggs that have been removed from the body cavity of a sturgeon prior to the sale of the sturgeon to a wholesale dealer licensed under chapter 75.28 RCW, or to sell or barter sturgeon eggs at retail; or

(c) To deliver to a wholesale dealer licensed under chapter 75.28 RCW any sturgeon that are not in the round with the head and tail intact.

(3) Gear:

(a) Maximum 100 hooks per setline;

(b) Minimum hook size 9/0;

(c) Treble hooks prohibited;

(d) Visible buoys required with operator name and tribal identification clearly marked on the buoy.

[Statutory Authority: RCW 75.08.080.      82-19-083 (Order 82-142), § 220-32-057, filed 9/21/82; Order 77-14, § 220-32-057, filed 4/15/77; Order 1043, § 220-32-057, filed 2/22/73; Order 915, § 220-32-057, filed 3/4/71.]

OTS-2274.2

AMENDATORY SECTION(Amending Order 88-86, filed 9/2/88)

WAC 220-33-010
Salmon.

It is unlawful to fish for salmon in the lower Columbia River for commercial purposes or to possess salmon taken from those waters for commercial purposes, except as provided in this section:

Gear

(1) Gill net gear may be used to fish for salmon if it does not exceed 1,500 feet in length along the cork line ((and)), it is not constructed of monofilament webbing, its mesh size does not exceed 9 3/4 inches, and it does not have a lead line weighing more than two pounds per fathom of net as measured on the cork line.      ((Gill net gear includes trammel nets.))

(2) It is lawful to have a gill net with a lead line weighing more than two pounds per fathom aboard a vessel when the vessel is fishing in or transiting through the Tongue Point Select Area.

(3) From December 1 through March 31 it is lawful for salmon fishers to have smelt or sturgeon gill nets aboard while fishing for salmon.

Fishing periods

(((2))) (4) The lower Columbia River is closed to commercial salmon fishing, except as provided by emergency rule of the director.

General

(((3))) (5) Unless otherwise specified by emergency rule of the director, the following areas of the lower Columbia River remain closed during open salmon fishing periods:

(a) All tributaries flowing into the lower Columbia River.

(b) Grays Bay sanctuary.

(c) Elokomin-A sanctuary.

(d) Cowlitz sanctuary.

(e) Kalama-A sanctuary.

(f) Lewis-A sanctuary.

(g) Washougal sanctuary.

(h) Big Creek sanctuary.

(i) Gnat Creek sanctuary.

(j) Sandy River sanctuary.

[Statutory Authority: RCW 75.08.080.      88-18-066 (Order 88-86), § 220-33-010, filed 9/2/88.]

It is unlawful to fish for sturgeon in the lower Columbia River for commercial purposes or to possess sturgeon taken from those waters for commercial purposes, except as provided in this section:

Gear

(1) Gill net gear may be used to fish for sturgeon if it does not exceed 1,500 feet in length along the cork line, it is not constructed of monofilament webbing, its mesh size does not exceed 9 3/4 inches, and it does not have a lead line weighing more than two pounds per fathom of net as measured on the cork line.      ((Gill net gear includes trammel nets.))

(2) From December 1 through March 31 it is lawful for sturgeon fishers to have salmon or smelt gill nets aboard while fishing for sturgeon.

Fishing periods

(((2))) (3) The lower Columbia River is closed to commercial sturgeon fishing, except as provided by emergency rule of the director.      Sturgeon taken incidentally during an open commercial salmon fishing period may be retained for commercial purposes.

General

(((3))) (4) Sturgeon smaller or greater than the size limits provided for in WAC 220-20-020 may not be retained for commercial purposes and shall be returned immediately to the water.      All sturgeon in transit must not have the head or tail removed.

(((4))) (5) A person engaged in commercial fishing may retain one sturgeon of legal commercial length for personal use.

(((5))) (6) Sturgeon eggs may not be removed from the body cavity of the sturgeon prior to the time the sturgeon is sold to a wholesale dealer licensed under RCW 75.28.300.

(((6))) (7) The head or tail may not be removed from a sturgeon prior to the time the sturgeon is sold to a wholesale dealer licensed under RCW 75.28.300 and delivered to a fish processing plant.

(((7))) (8) A sturgeon carcass with head and tail removed and retained at a fish processing plant must be at least 28 inches in length.

(9) It is unlawful to gaff sturgeon.

[Statutory Authority: RCW 75.08.080.      97-07-043 (Order 97-51), § 220-33-020, filed 3/14/97, effective 4/14/97; 88-18-066 (Order 88-86), § 220-33-020, filed 9/2/88.]

OTS-2284.1

AMENDATORY SECTION(Amending Order 88-86, filed 9/2/88)

WAC 220-33-040
Smelt.

It is unlawful to fish for smelt in the lower Columbia River for commercial purposes or to possess smelt taken from those waters for commercial purposes, except as provided in this section:

Gear

(1) Otter trawl gear may be used to fish for smelt if:

(a) The head rope of the trawl does not exceed 25 feet in length.

(b) The foot rope or groundline of the trawl does not exceed 25 feet in length.

(c) The dimensions of the trawl's otter doors do not exceed 3 feet by 4 feet.

(d) The bag length of the trawl, as measured from the center of the head rope to the terminal end of the bunt, does not exceed 35 feet.

(e) The bridal rope from the rear of the otter doors to the foot and head ropes does not exceed 8 feet.

(f) Each breast rope does not exceed 5 feet.

(g) The mesh size used in the trawl does not exceed 2 inches stretch measure.

(h) Only one trawl net is fished from the boat at a time.

(2) Gill net gear may be used to fish for smelt if it does not exceed 1,500 feet in length along the cork line and the mesh size of the net does not exceed 2 inches stretch measure.      ((Gill net gear includes trammel nets.))

(3) Hand dip net gear may be used to fish for smelt if it does not measure more than 36 inches across the bag frame.

(4) From December 1 through March 31 it is lawful for smelt fishers to have salmon or sturgeon gill nets aboard while fishing for smelt.

Fishing periods

(((4))) (5) Otter trawl gear may be used to fish for smelt in SMCRA 1A from 6 p.m. Monday to 6 p.m. Wednesday of each week from March 1 through March 31, and for boats not exceeding 32 feet in length, in SMCRA 1B, 1C, 1D and 1E 7 days per week from December 1 through March 31 of the following year.

(((5))) (6) Gill net gear may be used to fish for smelt in SMCRA 1A, 1B, 1C, 1D and 1E 7 days per week from December 1 of each year through March 31 of the following year.

(((6))) (7) Hand dip net gear may be used to fish for smelt in SMCRA 1A, 1B, 1C, 1D and 1E and tributaries to these areas 7 days per week from December 1 of each year through March 31 of the following year.

(((7))) (8) The following areas of the lower Columbia River remain closed to smelt fishing during the open time periods specified in this section:

(a) Those waters within one mile of a dam or other obstruction.

(b) Those waters of the Cowlitz River upstream from a monument located at Peterson's Eddy, also known as Miller's Eddy.

[Statutory Authority: RCW 75.08.080.      88-18-066 (Order 88-86), § 220-33-040, filed 9/2/88.]

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