WSR 97-12-036

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-86--Filed May 30, 1997, 4:36 p.m., effective May 31, 1997, 6:01 p.m.]

Date of Adoption: May 30, 1997.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05500B and 220-32-05500C; and amending WAC 220-32-055.

Statutory Authority for Adoption: RCW 75.08.080.

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 spring chinook salmon are available for a subsistence fishery. This conforms state rules with Yakama Nation 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: May 31, 1997, 6:01 p.m.

May 30, 1997

Dirk Brazil

for Bern Shanks

Director

NEW SECTION

WAC 220-32-05500C Columbia River tributaries--Subsistence. Notwithstanding the provisions of WAC 220-32-055, effective immediately until further notice, it is unlawful for a person possessing treaty fishing rights under the Yakama treaty to take or possess salmon taken for subsistence purposes from the Yakima River, Klickitat River, Wind River, Icicle River, Drano Lake and Ringold in the Columbia River except under the following provisions:

(1) The Yakima River from Horn Rapids Dam to Wapato Dam is open noon Tuesday to 6:00 p.m. Saturday of each week until June 21, 1997.

(2) The Klickitat River from the site of the former Swinging Bridge (RM 1.5) to Fishway No. 5 (RM 2.2) is open noon Wednesday to 6:00 p.m. Saturday from June 4 to June 7, 1997.

(3) The Wind River from the mouth to a marker 400 feet downstream of Shipperd Falls is open from 6:00 a.m. Monday to 6:00 p.m. Saturday of each week until June 7, 1997 and from 200 feet above the Shipperd Falls upstream to a marker 30 feet below the outlet stream for Carson National Fish Hatchery is open noon Wednesday to 6:00 p.m. Saturday of each week from June 4 to June 28, 1997.

(4) The Icicle River where it borders the property of the U.S. Fish and Wildlife National Fish Hatchery at Leavenworth is open from 9:00 p.m. Wednesday to noon Saturday of each week from May 7 to June 21, 1997.

(5) The Columbia River from the marker located approximately 1/2 mile upstream of Spring Creek (Ringold Hatchery rearing pond outlet) downstream to a boundary marker approximately 1/4 mile downstream of Ringold waterway outlet, is open from 6:00 a.m. Monday to 6:00 p.m. Saturday of each week from May 5 to July 26, 1997. Fishing may be conducted from the riverbank on the hatchery side of the Columbia River only; fishing is not allowed from boats.

(6) allowable gear:

Dipnets, setbag net, or rod and reel with bait or lures. All other fishing gear and methods, including snagging are unlawful.

(7) In Drano Lake from the Highway 14 Bridge to the orange markers near the mouth of the Little White Salmon River is open by permit only from:

6:00 p.m. May 29 to noon May 31, 1997

(8) gear for drano lake

Legal gear includes floating gillnets, hoopnets fished from bank or boat, or hook and line with bait or lures. Snagging or gaffing of fish is prohibited. All fish must be landed at the boat ramp at Drano Lake.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 6:01 p.m. May 31, 1997:

WAC 220-32-05500B Columbia River tributaries--Subsistence. (97-61)

REPEALER

The following section of the Washington Administrative Code is repealed effective 6:01 p.m. July 26, 1997: