WSR 02-22-017

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-270 -- Filed October 25, 2002, 4:50 p.m. , effective October 27, 2002, 6:00 p.m. ]

Date of Adoption: October 25, 2002.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05700Q and 220-32-05700R; and amending WAC 220-32-057.

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: Closes The Dalles Pool for a sturgeon set line because the guideline has been achieved. There is room on the guideline for Bonneville Pool to remain open. Conforms state rules with tribal rules. Consistent with compact action of October 24, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 27, 2002, 6:00 p.m.

October 25, 2002

J. P. Koenings

Director


NEW SECTION
WAC 220-32-05700R   Columbia River sturgeon seasons above Bonneville Dam.   Notwithstanding the provisions of WAC 220-32-057, effective immediately, it is unlawful to take, fish for or possess sturgeon taken for commercial purposes in Columbia River Salmon Management Catch Reporting Areas 1F, 1G, and 1H, except those individuals possessing treaty fishing rights under the Yakima, Warm Springs, Umatilla, and Nez Perce treaties may fish for sturgeon with set line gear under the following provisions:

1) Dates: Effective 6:00 p.m. October 27, 2002 through 6:00 p.m. December 15, 2002.

2) Open area is 1F.

3) During the season specified in Section 1, it is unlawful to:

a) retain for commercial purposes sturgeon less than 48 inches or greater than 60 inches in length.

b) sell, barter, or attempt to sell or barter sturgeon eggs that have been removed from the body cavity of a sturgeon prior to sale of the sturgeon to a wholesale dealer licensed under chapter RCW 77.65, or to sell or barter sturgeon eggs at retail.

c) deliver to a wholesale dealer licensed under chapter RCW 77.65 any sturgeon that are not in the round with the head and tail intact.

4) During the season specified in Section 1, it is unlawful to use set line gear:

a) with more than 100 hooks per set line

b) with hooks less than the minimum size of 9/0

c) with treble hooks

d) without visible buoys attached and with buoys that do not specify operator and tribal identification

[]


REPEALER

The following section of the Washington Administrative Code is repealed effective 6:00 p.m. October 27, 2002:


WAC 220-32-05700Q Columbia River sturgeon seasons above Bonneville Dam. (02-241)

The following section of the Washington Administrative Code is repealed effective 6:01 p.m. December 15, 2002:


WAC 220-32-05700R Columbia River sturgeon seasons above Bonneville Dam.

Washington State Code Reviser's Office