WSR 00-16-081

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-132 -- Filed July 28, 2000, 3:51 p.m. , effective August 3, 2000, 7:00 p.m. ]

Date of Adoption: July 28, 2000.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000F; and amending WAC 220-33-010.

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: Harvestable numbers of sturgeon remain on the non-Indian commercial allocation for 2000. The season provides the commercial industry access to a portion of their sturgeon allocation during a time frame when salmon and steelhead are not present in large numbers, and provides maximum economic benefits. This season is consistent with the precepts of the Joint State Sturgeon Accord agreement between the states of Washington and Oregon concerning Columbia River sturgeon management downstream of Bonneville Dam. This rule is consistent with actions of the Columbia River Compact on July 27, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 3, 2000, 7:00 p.m.

July 28, 2000

Evan Jacoby

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-33-01000F
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.

     1) OPEN AREA: SMCRA 1A, 1B, and 1C upstream to the Longview Bridge

     a) SEASON: 7:00 p.m. Thursday, August 3, 2000 to 7:00 a.m. Friday, August 4, 2000

     b) GEAR: 9 inch minimum mesh and 9-3/4 inch maximum mesh. The lead or weight on the leadline cannot exceed two pounds in any one fathom, with measurement taken along the corkline of the net.

     c) ALLOWABLE SALE: Salmon and sturgeon.

     d) 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.

     e) SANCTUARIES: Grays, Elokomin-A, Big Creek, Gnat Creek.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 7:01 a.m. August 4, 2000:


WAC 220-33-01000F Columbia River season below Bonneville.

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