WSR 02-16-063

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-176 -- Filed August 2, 2002, 4:54 p.m. , effective August 4, 2002, 7:00 p.m. ]

Date of Adoption: August 2, 2002.

Purpose: Amend commercial fishing rules.

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

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: Harvestable numbers of salmon are available. This season is consistent with the "2002 Non-Indian Columbia River Fall Fishery Chinook Allocation Agreement" that was developed during the North of Falcon process. This rule is consistent with actions of the Columbia River Compact on August 2, 2002, and is included in the biological assessment of ESA listed stocks. The biological opinion covering these fisheries has not been completed however, "...NMFS concludes that impacts associated with the proposed 2002 state and tribal fisheries expected to occur through August 16, 2002 are low and unlikely to substantially affect the prospects for survival of the listed ESUs." (Dygert, July 29, 2002). 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 4, 2002, 7:00 p.m.

August 2, 2002

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-33-01000P   Columbia River season below Bonneville.   Notwithstanding the provisions 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. Sunday, August 4, 2002 to 7:00 a.m. Monday, August 5, 2002

7:00 p.m. Tuesday, August 6, 2002 to 7:00 a.m. Wednesday, August 7, 2002

7:00 p.m. Thursday, August 8, 2002 to 7:00 a.m. Friday, August 9, 2002

b) GEAR: 8 inch minimum mesh and 9-3/4 inch maximum mesh.

Monofilament gear is allowed.

c) SANCTUARIES: Grays River, Elokomin-A.

d) ALLOWABLE SALE: Salmon. Up to 5 white sturgeon may be possessed or sold for each participating vessel per fishing period. Possession or sale of green sturgeon is prohibited.

e) Quick reporting required for Washington wholesale dealers, WAC 220-69-240.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 7:01 a.m. August 9, 2002:


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

Washington State Code Reviser's Office