WSR 97-20-035

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-199--Filed September 23, 1997, 4:44 p.m., effective September 24, 1997, 8:00 a.m.]

Date of Adoption: September 23, 1997.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000R; and 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: This regulation provides access to a portion of the commercial sturgeon allocation. There are 8,400 sturgeon remaining on the commercial guideline for 1997. It provides access to early stock coho which are projected to have harvestable surplus available while providing a 48 hour chinook fishery which allow access to the non-Indian share of harvestable upriver fish. It allows fishers in the Tongue Point area fishery to have gill net gear on their boats in excess of the gear requirements of the fishery so they can move more readily between different select areas. This rule is consistent with the 1996-98 Management Agreement and the Endangered Species Act. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: September 24, 1997, 8:00 a.m.

September 23, 1997

Dirk Brazil

for Bern Shanks

Director

NEW SECTION

WAC 220-33-01000S Columbia River gillnet 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, shad, and sturgeon taken for commercial purposes from Columbia River Salmon Management and Catch Reporting Areas 1A, 1B, 1C, 1D, and 1E except during the times and conditions listed:

1) Area: SMCRA 1A, 1B, 1C, 1D, 1E, except closed from Longview Bridge to I-5 Bridge.

Season: 8:00 a.m. to 3:00 p.m. Wednesday September 24, 1997.

Mesh Size: 8 inch minimum mesh restriction above I-5 Bridge

No mesh restriction below Longview Bridge.

Allowable Sale: Salmon and sturgeon

2) Area SMCRA 1A, 1B, 1C, 1D, 1E, except closed from Longview Bridge to I-5 Bridge.

Season: 7:00 a.m. to 7:00 p.m. Thursday, September 25, 1997

7:00 a.m. to 7:00 p.m. Friday, September 26, 1997.

Mesh Size: 6 inch maximum mesh below Longview Bridge

8 inch minimum mesh above I-5 Bridge

Allowable Sale: Salmon and Sturgeon

3) Area: SMCRA 1A, 1B, 1C, 1D, 1E, except closed from Longview Bridge to I-5 Bridge.

Season: 12:00 noon Monday, September 29 to 12:00 noon Wednesday, October 1, 1997.

Mesh Size: 8 inch minimum mesh restriction above I-5 Bridge

No mesh restriction below Longview Bridge

Allowable Sale: Salmon

4) Area: SMCRA 1A, 1B, 1C, 1D, 1E, except closed from Longview Bridge to I-5 Bridge.

Season: 7:00 a.m. to 7:00 p.m. Thursday, October 2, 1997

7:00 a.m. to 7:00 p.m. Friday, October 3, 1997

Mesh Size: 6 inch maximum mesh below Longview Bridge

8 inch minimum mesh above I-5 Bridge.

Allowable Sale: Salmon and Sturgeon

5) Sanctuaries: During the seasons provided for in subsection 1-4 the following sanctuaries as defined in WAC 220-33-005, are closed to fishing:

Grays River Sandy River

Elokomin - A Washougal River

6) It is unlawful to gaff sturgeon.

White sturgeon less than 48 inches or greater than 60 inches or green sturgeon less than 48 inches or greater than 66 inches may not be retained for commercial purposes and shall be returned immediately to the water. The length of a sturgeon is the shortest distance between the tip of the nose and the extreme tip of the tail measures while the fish is lying on its side on a flat surface with its tail in a normal position.

Sturgeon must be delivered to wholesale dealer or fish buyers undressed (in the round)

It is unlawful for a wholesale dealer or fish buyer to possess a sturgeon from which the head and/or tail have been removed if the remaining carcass is less than 28 inches in length. A carcass length of less than 28 inches is prima facie evidence that the total length of the whole sturgeon was less than 48 inches.

It is unlawful to sell unprocessed eggs from lower Columbia sturgeon.

7) Area: Blind Slough Terminal Fishery

Description: In Blind Slough, from the railroad bridge downstream to markers at the mouth of Blind Slough and for Oregon license holders upstream to makers at the mouth of Gnat Creek.

Season: 6:00 p.m. Sunday to 8:00 a.m. Monday;

6:00 p.m. Monday to 8:00 a.m. Tuesday;

6:00 p.m. Tuesday to 8:00 a.m. Wednesday;

of each week beginning September 28 through October 21, 1997.

Gear: Nets restricted to 50 fathoms in length.

No weight restriction on lead line.

No mesh restriction.

Allowable sale: Salmon

8) Area: Tongue Point Terminal Fishery

Description: Tongue Point basin is open to fishing in all waters bounded by a line from the red light at Tongue Point to the flashing green light at the rock jetty on the northwesterly tip of Mott Island, a line from a marker at the south end of Mott Island easterly to a marker on the northwest bank on Lois Island, and a line from a marker on the southwest end of Lois Island due westerly to a marker on the opposite bank.

Season: 7:00 p.m. Wednesdays to 7:00 a.m. Thursdays;

7:00 p.m. Thursdays to 7:00 a.m. Fridays

of each week beginning September 3 through September 25, 1997

6:00 p.m. Wednesdays to 8:00 a.m. Thursday;

6:00 p.m. Thursdays to 8:00 a.m. Fridays

of each week beginning October 1 through October 23, 1997.

Gear: Nets restricted to maximum length of 250 fathoms.

Weight on lead line not to exceed 2 pounds on any one fathom.

No mesh restriction.

Special Rule: Fishers participating in the Tongue Point fishery may have on their boats gill nets with lead line in excess of two pounds per fathom.

Allowable sale: Salmon

9) Area: Deep River Terminal Fishery

Description: In Deep River, from the town of Deep River to the mouth of Deep River defined by a marker at Miller Point westerly to a marker on the opposite bank. Area from town of Deep River downstream to Highway 4 Bridge open only to Washington license holders.

Season: 6:00 p.m. Sundays to 8:00 a.m. Mondays;

6:00 p.m. Mondays to 8:00 a.m. Tuesdays;

6:00 p.m. Tuesdays to 8:00 a.m. Wednesdays;

of each week beginning September 28 through October 21, 1997.

Gear: Nets restricted to 100 fathoms in length.

No weight restriction on lead line.

No mesh restrictions.

Allowable Sale: Salmon

Additional Rule: For all areas listed above it is unlawful to transport fish outside of the fishing area when the adjacent mainstem Columbia River is closed unless by licensed buyer, or if the catch has been "sampled" by a representative of the Washington Department of Fish and Wildlife. "Sampled" means the catch was examined and a permit was issued.

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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 effective 8:00 a.m. September 24, 1997: