WSR 97-24-032

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-236--Filed November 25, 1997, 10:05 a.m.]

Date of Adoption: November 25, 1997.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05500K; 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: This fishery is designed to harvest surplus coho and chinook returning to the Klickitat River. Coho have been released into the Klickitat River for the purpose of providing harvest to the Yakima Indian nation tribal fishers after the mainstem Columbia River is closed. Harvestable numbers of salmon are available in 1997. This rule is consistent with the provisions of the Columbia River fish management plan. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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

November 25, 1997

Evan Jacoby

for Bern Shanks

Director

NEW SECTION

WAC 220-32-05500L Columbia River tributaries--Commercial. Notwithstanding the provisions of WAC 220-32-055, effective immediately it is unlawful for a person possessing treaty rights under the Yakima treaty to take or possess salmon taken for commercial purposes from the Klickitat River, except under the following provisions:

(1) The Klickitat River from the site of the Swinging Bridge (river mile 1.5) to Fishway No. 5 (River mile 2.2) is open except that fishing is not allowed within 25 feet of the entrance to any fishway.

Noon Tuesdays to 6:00 p.m. Saturdays, weekly from November 25 through December 20, 1997.

(2) Allowable Gear:

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

(3) Only chinook and coho salmon taken within the fishing area may be sold. Steelhead may not be sold.

(4) All fish must be sold within one mile of the Klickitat Falls Fishing area.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 6:01 p.m. December 20, 1997: