WSR 01-14-014

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-119 -- Filed June 22, 2001, 4:01 p.m. , effective June 25, 2001, 6:00 a.m. ]

Date of Adoption: June 22, 2001.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05100C; and amending WAC 220-32-051.

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 initial tribal commercial sockeye fishery. Allows commercial sale of fish caught from platforms and using hook and line, during the gillnet season. Harvestable numbers of sockeye are available. Impacts on ESA-listed sockeye are expected to be within the guidelines of the "Interim Management Agreement for Upriver Spring Chinook, Summer Chinook, and Sockeye" and the biological opinion. Consistent with compact action of June 22, 2001. Conforms state rules with tribal rules. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 25, 2001, 6:00 a.m.

June 22, 2001

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-32-05100C   Columbia River salmon seasons above Bonneville Dam.   Notwithstanding the provisions of WAC 220-32-050, WAC 220-32-051, WAC 220-32-052, effective immediately until further notice, it is unlawful for a person to take or possess salmon, shad, carp, or sturgeon taken for commercial purposes in Columbia River Salmon Management Catch Reporting Areas 1F, 1G, and 1H, and the Klickitat River except those individuals possessing treaty fishing rights under the Yakima, Warm Springs, Umatilla, and Nez Perce treaties may fish for salmon, shad, or sturgeon under the following provisions pursuant to lawfully enacted tribal rules:

1) Open Periods: 6:00 a.m. June 25, 2001 to 6:00 p.m. June 26, 2001

2) Open Areas: SMCRA 1F, 1G, 1H, and the Klickitat River

3) Gear: Gill nets in SMCRA 1F, 1G, 1H; Hoop nets, dip bag nets, or hook and line

4) Allowable sale includes: sockeye salmon, chinook salmon, coho salmon, shad, sturgeon.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 6:01 p.m. June 26, 2001:


WAC 220-32-05100C Columbia River salmon seasons above Bonneville Dam.

Washington State Code Reviser's Office