WSR 98-02-020

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 97-244--Filed December 30, 1997, 2:32 p.m., effective January 1, 1998, 12:01 a.m.]

Date of Adoption: December 29, 1997.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000Y and 220-33-04000E; and amending WAC 220-33-010 and 220-33-040.

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. The harvestable allocation to the Lower Columbia River commercial smelt fishery is less than anticipated in the permanent rules, and conservation of the resource is needed to provide spawning escapements. These rules are consistent with the actions of the December 22, 1997, Columbia River Compact hearing. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 2, amended 0, repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: January 1, 1998, 12:01 a.m.

December 29, 1997

Dirk Brazil

for Bern Shanks

Director

NEW SECTION

WAC 220-33-01000Y Columbia River seasons below Bonneville. Notwithstanding the provisions of WAC 220-33-010, 220-33-020, and 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 Catch Reporting Areas 1A, 1B, 1C, 1D, and 1E, except as provided in the following subsections:

fishing periods:

(1) Noon Monday, January 12th to 6:00 p.m. Tuesday, January 13, 1998.

(2) Noon Thursday, January 15th to 6:00 p.m. Friday, January 16, 1998.

(3) Noon Monday January 19th to 6:00 p.m. Tuesday January 20, 1998.

(4) Noon Thursday January 22nd to 6:00 p.m. Friday January 23, 1998.

(5) Noon Monday January 26th to 6:00 p.m. Tuesday January 27, 1998.

(6) Noon Thursday, January 29th to 6:00 p.m. Friday January 30, 1998.

(7) Noon Monday February 2nd to 6:00 p.m. Tuesday February 3, 1998.

(8) Noon Thursday February 5th to 6:00 p.m. Friday February 6, 1998.

(9) Noon Monday, February 9th to 6:00 p.m. Tuesday February 10, 1998.

(10) Noon Thursday, February 12th to 6:00 p.m. Friday February 13, 1998.

gear

(10) It is unlawful to fish for salmon, shad and 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 with a mesh size less than 9 inches or more than 9-3/4 inches.

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

(11)(a) It is unlawful to gaff sturgeon

(b) White sturgeon less than 48 inches or greater than 60 inches and 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.

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

(d) 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.

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

sanctuaries

(12) During the season provided for in this 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

[]

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 6:01 p.m. February 13, 1998:

WAC 220-33-01000Y Columbia River seasons below Bonneville.

NEW SECTION

WAC 220-33-04000E Smelt seasons---Lower Columbia River and tributaries. Notwithstanding the provisions of WAC 220-33-040, effective 12:01 a.m. January 1, 1998, until further notice it is unlawful to commercially fish for smelt in the Lower Columbia River as defined in WAC 220-16-400 except as provided for in this section:

(1) The mainstem of the Lower Columbia River is open only:

6:00 a.m. to 6:00 p.m. Mondays and Fridays from January 2 to February 13, 1998.

(2) The Lower Columbia River tributaries are open only:

6:00 a.m. Tuesdays to 6:00 p.m. Wednesdays January 6 to February 18, 1998.

(a) Gear: Dip net only

(4) Allowable sale: Smelt

(5) Except for the seasons provided for in this section, all other provisions of WAC 220-33-040 remain in effect.

[]

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 6:01 p.m. February 18, 1998:

WAC 220-33-04000E Smelt seasons--Lower Columbia River and tributaries.

Legislature Code Reviser

Register

Washington State Code Reviser's Office