WSR 97-05-042

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-18--Filed February 14, 1997, 4:57 p.m.]

Date of Adoption: February 14, 1997.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Amending WAC 220-33-010.

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 sturgeon are available. This season is consistent with actions of the February 14, 1997, Columbia River Compact hearing, and will allow a directed sturgeon fishery while providing protection for salmon. There is insufficient time to promulgate permanent rules in order to access the commercial sturgeon allocation and maximize economic benefits.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: Immediately.

February 14, 1997

Dirk Brazil

for Bern Shanks

Director

NEW SECTION

WAC 220-33-01000N Columbia River seasons below Bonneville. Notwithstanding the provisions of WAC 220-33-010, WAC 220-33-020, and WAC 220-33-030, it is unlawful for a person to take or possess salmon or sturgeon taken for commercial purposes from Columbia River Salmon Management and Cath Reporting Areas 1A, 1B, 1C, 1D, and 1E except as provided in the following subsections:

fishing periods

(1) Noon February 17 to 6:00 p.m. February 18, 1997.

gear

(2) It is unlawful to fish for salmon, shad or sturgeon with gill net gear that:

(a) exceeds 1,500 feet in length along the corkline;

(b) is constructed of monofilament webbing;

(c) has webbing of a mesh size less than 8-3/4 inches or greater than 9-3/4 inches; or

(d) has lead or weight on the leadline that exceeds two pounds in any one fathom, measurement to be taken along the corkline of the net.

miscellaneous

(3) It is unlawful to gaff sturgeon

(4) White sturgeon less than 48 inches or greater than 60 inches in length may not be retained for commercial purposes and must be returned immediately to the water. The length of a sturgeon is the shortest distance between the tip of the nose to the extreme tip of the tail, measured while the sturgeon is lying on its side on a flat surface with the tail in a normal position.

(5) Sturgeon must be delivered to fish buyers and wholesale dealers undressed (in the round).

(6) It is unlawful for a wholesale dealer or fish buyer to possess a sturgeon from which the head and tail have been removed if the remaining carcass is less than 28 inches in length.

(7) It is unlawful to sell or attempt to sell, barter or attempt to barter, or purchase or attempt to purchase sturgeon eggs that have been removed from the body cavity of a sturgeon prior to the sale of the sturgeon, or any sturgeon eggs taken from a sturgeon caught below Bonneville Dam after February 14, 1997.

sanctuaries

(8) During the season provided for in subsection 1 of this section, the following sanctuaries, as defined in WAC 220-33-005, are closed to fishing:

(a) Grays Bay

(b) Elokomin-A

(c) Cowlitz

(d) Kalama-A

(e) Lewis-A

(f) Washougal

(g) Sandy Creek

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Reviser's note: The spelling 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.

Legislature Code Reviser

Register

Washington State Code Reviser's Office