WSR 00-21-016

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-209 -- Filed October 6, 2000, 4:12 p.m. ]

Date of Adoption: October 6, 2000.

Purpose: Amend commercial rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-52-051 [220-33-010 and 220-33-020].

Statutory Authority for Adoption: RCW 77.12.047.

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: Sets four days of commercial coho fishing and one day of target strugeon fishing. Impacts to ESA listed fish are projected to be within the guidelines of the 2000 Management Agreement and NMFS standards. Harvestable numbers of hatchery coho, chinook, and sturgeon are available. Rule is consistent with action of the Columbia River Compact of October 6, 2000.

The select areas 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. This rule is consistent with actions of the Columbia River compact hearing of July 27, 2000, and September 22, 2000, and is consistent with requirements of the Endangered Species Act. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

October 6, 2000

Evan Jacoby

for J. P. Koenings

Director


NEW SECTION
WAC 220-33-01000L
Columbia River gillnet seasons below Bonneville-select area commercial fisheries

Notwithstanding the provisions of WAC 220-33-010 and WAC 220-33-020, it is unlawful for a person to take or possess salmon, shad, and sturgeon 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) AREA: SMCRA 1A, 1B, 1C, 1D, and 1E, except closed from Longview Bridge upstream to a line projected from Warrior Rock to Red Buoy Number 4 thence to fishing boundary marker on Bachelor Island.
SANCTUARIES: Grays Bay, Elokomin-A, Abernathy Creek, Washougal River, and Sandy River sanctuaries are in place.

SEASON:
October 9, 2000. 7AM to 7PM.
October 16, 2000 7AM to 7PM.

GEAR:
6 inch maximum mesh, unslackened floater gillnet
or 9 inch minimum mesh and 9 3/4 inch maximum mesh gill net.

ALLOWABLE SALE:
salmon and sturgeon

2) AREA: SMCRA 1A, 1B, 1C, 1D, and 1E, except closed from Longview Bridge upstream to a line projected from Warrior Rock to Red Buoy Number 4 thence to fishing boundary marker on Bachelor Island.
SANCTUARIES: Grays Bay, Elokomin-A, Abernathy Creek, Washougal River, and Sandy River sanctuaries are in place.

SEASON:
Noon Tuesday October 10 until noon Friday October 13, 2000.
Noon Tuesday October 17 until noon Friday October 20, 2000.

GEAR:
6 inch maximum mesh, unslackened floater gillnet.

ALLOWABLE SALE: salmon and sturgeon

3) 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. In addition, 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 boundary lines defined by markers on the western end of Minaker Island to markers on Karlson Island and the Oregon shore. An area at the mouth of Big Creek defined by markers of about a 100 foot radius is closed to fishing.

SEASON:
Blind Slough and Knappa Slough.
6 p.m. Sundays to 8 a.m. Mondays
6 p.m. Mondays to 8 a.m. Tuesdays
6 p.m. Tuesdays 8 a.m. Wednesdays
6 p.m. Thursdays to 8 a.m. Fridays
Immediately to October 31, 2000

GEAR:
8 inch maximum mesh
100 fathoms maximum length

ALLOWABLE SALE:
Salmon and sturgeon

4)
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 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. In addition, 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" thence northwesterly to a marker on the sand bar defining the terminus of South Channel. All open waters are under concurrent jurisdiction.

SEASON:
Tongue Point and South Channel
6 p.m. Sundays to 8 a.m. Mondays
6 p.m. Mondays to 8 a.m. Tuesdays
6 p.m. Wednesdays to 8 a.m. Thursdays
6 p.m. Thursdays to 8 a.m. Fridays
Immediately to October 31, 2000

GEAR:
Tongue Point Basin
8 inch maximum mesh
250 fathoms maximum length
Weight on leadline cannot exceed two pounds per fathom. Fishers participating in the Tongue Point Basin fishery may have stored on board their boats, gill nets with leadline in excess of two pounds per fathom.
South Channel
8 inch maximum mesh
100 fathoms maximum length

ALLOWABLE SALE:
Salmon and sturgeon

5)
DEEP RIVER SELECT AREA

AREA:
Deep River is open to fishing down river from the town of Deep River to the mouth (a line from navigation marker "16" southwest to a marker on the Washington shore). Concurrent waters extend downstream of the Highway 4 bridge. State waters extend upstream of the Highway 4 bridge.

SEASON:
6 p.m. Sundays to 8 a.m. Mondays
6 p.m. Mondays to 8 a.m. Tuesdays
6 p.m. Tuesdays to 8 a.m. Wednesdays
6 p.m. Wednesdays to 8 a.m. Thursdays
Immediately to October 31, 2000

GEAR:
8 inch maximum mesh
100 fathoms maximum length

ALLOWABLE SALE:
Salmon and sturgeon

6)
STEAMBOAT SLOUGH SELECT AREA

AREA:
Steamboat Slough is open to fishing in waters bounded by markers on Price Island and the Washington shore, at both upstream and downstream ends of Steamboat Slough. All open waters are under concurrent jurisdiction.

SEASON:
6 p.m. Tuesdays to 8 a.m. Wednesdays
6 p.m. Wednesdays to 8 a.m. Thursdays
6 p.m. Thursdays to 8 a.m. Fridays
6 p.m. Fridays to 8 a.m. Saturdays
Immediately to October 28, 2000

GEAR:
8 inch maximum mesh
100 fathoms maximum length

ALLOWABLE SALE:
Salmon and sturgeon

OTHER:
It is unlawful to transport or possess fish outside the fishing area unless by licensed buyer. An exception to the rule allows transportation out of the fishing area with a permit issued by an authorized agency employee after examining the catch.

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

     The following section of the Washington Administrative Code is repealed:
WAC 220-33-01000K Columbia River gillnet seasons below Bonneville-select area commercial fisheries (00-202)

Washington State Code Reviser's Office