WSR 00-14-014

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-106 -- Filed June 27, 2000, 3:30 p.m. ]

Date of Adoption: June 27, 2000.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000E, 220-33-03000P and 220-33-03000Q; and amending WAC 220-33-010 and 220-33-030.

Statutory Authority for Adoption: Section 7, chapter 107, Laws of 2000.

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: Opens non-Indian commercial sockeye fishery. Harvestable numbers of sockeye are available. This regulation allows the sale of nonadipose fin-clipped sockeye and chinook jacks during the time frame of the commercial sockeye fishery that is ongoing at the same time and in the same area. Harvestable numbers of shad and sockeye are available. This rule is consistent with actions of the Columbia River Compact hearing of June 26, 2000, and is consistent with requirements of the ESA. There is insufficient time to promulgate permanent regulations.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 3.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

June 27, 2000

Evan Jacoby

for Jeff P. Koenings

Director


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

Notwithstanding the provisions of WAC 220-33-010, 220-33-020 and 220-33-030, 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:

1) AREA: Shad Area 2S as defined in WAC 220-33-030

2) SEASON: 6:00 p.m. June 28, 2000 to 6:00 a.m. June 29, 2000

6:00 p.m. June 29, 2000 to 6:00 a.m. June 30, 2000

6:00 p.m. June 30, 2000 to 6:00 a.m. July 1, 2000

3) GEAR: 4 1/2 inch maximum mesh size. Single wall unslackened floater gill net.

4) ALLOWABLE SALE: sockeye salmon with an adipose fin (unmarked), chinook less than 24 inches, shad, and sturgeon. All other salmonids and walleye must be immediately returned to the water and those alive must be released unharmed.

5) OTHER: White sturgeon less than 48 inches or greater than 60 inches, or green sturgeon less than 48 inches or greater than 66 inches may not be retained for commercial purposes and shall be immediately returned to the water. It is unlawful to gaff sturgeon. It is unlawful to sell unprocessed eggs from lower Columbia River sturgeon.

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REPEALER


The following section of the Washington Administrative code is repealed effective 6:01 a.m. July 1, 2000:


WAC 220-33-01000E Columbia River seasons below Bonneville.

NEW SECTION
WAC 220-33-03000Q
Commercial shad -- Columbia River.

Notwithstanding the provisions of WAC 220-33-030, 220-33-010 and 220-33-020, it is unlawful to take, fish for or possess shad taken for commercial purposes except as provided for in this section:

FISHING PERIODS

1) Shad Area 2S is open daily, 3:00 p.m. to 10:00 p.m. from: Immediately to June 30, 2000

2) The Camas-Washougal Reef Area is open weekly, 4:00 a.m. Mondays to midnight Fridays from:

Immediately to June 30, 2000

Gear: Gill net gear may be used to fish for shad as provided in WAC 220-33-030(1), except that in Area 2S the net may not exceed 150 fathoms in length nor 40 meshes in depth and that in the Camas-Washougal Reef Area the webbing of the gear may be constructed of mesh having a breaking strength of less than 30 pounds.
Allowable Sale On June 27, only shad may be kept and sold. All salmonids, walleye and sturgeon must be immediately returned to the water and those alive must be released unharmed.
During June 28, June 29, and June 30, allowable sale includes shad, sockeye with an adipose fin (unmarked), chinook less than 24 inches in length, and sturgeon. All other salmonids and walleye must be immediately returned to the water and those alive must be released unharmed.
Other: White sturgeon less than 48 inches or greater than 60 inches, or green sturgeon less than 48 inches or greater than 66 inches may not be retained for commercial purposes and shall be immediately returned to the water.
It is unlawful to gaff sturgeon.
It is unlawful to sell unprocessed eggs from lower Columbia River sturgeon.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-33-03000P Commercial shad -- Columbia River. (00-68)

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. July 1, 2000:


WAC 220-33-03000Q Commercial shad -- Columbia River

Washington State Code Reviser's Office