EMERGENCY RULES
FISH AND WILDLIFE
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000S; 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: Sets two additional winter season sturgeon fishing periods. Season is consistent with the 2003-2005 sturgeon fishery management plan. Landings are expected to stay within the harvest guideline of 1,800 fish for this season. Regulation is consistent with compact actions of December 16, 2004, and February 18, 2005. The select area fisheries in Deep River and Blind Slough/Knappa Slough 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. Impacts to ESA-listed stocks in these fisheries are covered under the biological opinion for the interim management agreement. This rule is consistent with actions of the Columbia River compact hearings of January 28, 2005, and conforms Washington and Oregon state rules. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: February 18, 2005.
J. P. Koenings
Director
1) AREAS: SMCRA 1A, 1B, 1C, 1D, and 1E
SEASON: 6:00 a.m. Tuesday February 22, 2005 to 6:00 a.m. Wednesday, February 23, 2005
6:00 a.m. Tuesday February 24, 2005 to 6:00 a.m. Wednesday, February 25, 2005
GEAR: 9-inch minimum mesh and 9-3/4 inch maximum mesh
ALLOWABLE SALE: Sturgeon and adipose fin-clipped salmon.
SANCTUARIES: Sandy River.
OTHER: Quick reporting required for Washington wholesale dealers, WAC 220-69-240.
MISCELLANEOUS: Notwithstanding the provisions of WAC 220-20-010, during open salmon and/or sturgeon seasons fishers may have stored onboard their boats, while fishing, smelt gill nets; and while smelt fishing, fishers may have stored onboard their boats, gill nets of a size that meets the commercial salmon/sturgeon mesh size, weight, and length restrictions for the open salmon/sturgeon season.
2) 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.
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 a north-south line defined by a marker on the eastern end of Minaker Island to markers on Karlson Island and the Oregon shore.
a) Gear: 7-inch minimum mesh through March 10 and 8-inch maximum mesh thereafter. Mono-filament gill nets are allowed. Nets restricted to 100 fathoms in length with no weight restriction on leadline. Use of additional weights or anchors attached directly to the leadline is allowed.
b) Dates: Winter Season
7:00 p.m. Wednesdays to 7:00 a.m. Thursdays and 7:00 p.m. Saturdays to 7:00 a.m. Sundays from February 16 through March 10, 2005.
Spring Season
7:00 p.m. Mondays to 7:00 a.m. Tuesdays and 7:00 p.m. Thursdays to 7:00 a.m. Fridays from April 21 until further notice.
Only Blind Slough is open through March 10. After March 10, both Blind Slough and Knappa Slough are open.
c) Allowable Sale: Salmon, sturgeon, shad. A maximum of three white sturgeon may be possessed or sold by each participating vessel during each open period.
d) Other: Quick reporting required for Washington wholesale dealers, WAC 220-69-240.
3 Deep River Select Area
a) Area: From the markers at USCG navigation marker #16 upstream to the Highway 4 Bridge.
b) Dates:
7:00 p.m. Mondays to 7:00 a.m. Tuesdays and 7:00 p.m. Thursdays to 7:00 a.m. Fridays April 21 until further notice.
c) Gear: 8-inch maximum mesh size. Nets restricted to a maximum length of 100 fathoms and no weight restriction on leadline. Use of additional weights or anchors attached directly to the leadline is allowed. Nets cannot be tied off of any stationary structures. Nets may not fully cross the navigation channel.
d) Allowable sale: salmon, sturgeon and shad. A maximum of three white sturgeon may be possessed or sold by each participating vessel during each open period.
e) Miscellaneous: Transportation or possession of fish outside the fishing area is unlawful. An exception to the rule would allow fishers to transport their catch out of the fishing area with a permit issued by an authorized agency employee after examining the catch.
f) Other: Quick reporting required for Washington wholesale dealers, WAC 220-69-240.
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Reviser's note: The typographical error 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 220-33-01000S | Columbia River gillnet seasons below Bonneville. (05-25) |