Purpose: Subsistence rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05500M; 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 are available for tribal subsistence fisheries. Seasons are consistent with state/tribal negotiations that occurred earlier this year. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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

April 7, 1998

Bern Shanks

Director

WAC 220-32-05500M  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 Yakima treaty to take or possess salmon taken for subsistence purposes from the Yakima River, Klickitat River, Wind River, White Salmon River, and Ringold in the Columbia River except under the following provisions:

1) In the Yakima River in the vicinity of Horn Rapids Dam and Wapato Dam, and where the Yakima River borders the reservation, fishing is allowed from noon Wednesday to 6 p.m. Saturday each week from April 8 to June 20.

2) In the Klickitat River from the site of the former Swinging Bridge (RM1.5) upstream to Fishway Number 5 (RM2.2), fishing is allowed from noon Wednesday to 6 p.m. Saturday each week from April 8 to May 30.

3) In the Wind River from the mouth to a marker 400 feet downstream of Shipperd Falls, fishing is allowed 6 a.m. Monday to 6 p.m. Saturday, each week effective immediately until June 6.

4) In the White Salmon River from the mouth to Condit Dam, fishing is allowed from 6 a.m. Monday to 6 p.m. Saturday each week effective immediately until June 13.

5) In 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 wasteway outlet, fishing is allowed from 6 a.m. Monday to 6 p.m. Saturday, weekly between May 4 and July 25.

6) allowable gear: Dipnets, setbag nets, or rod and reel with bait or lures. Any other fishing methods, such as snagging of fish, are unlawful.

7) other rules: It shall be unlawful to place fishing platforms, or to take, molest, injure, or fish for salmon and steelhead within 25 feet of the dam or any fish ladder, fishway, or fish bypass pipes. Fishing is not allowed from boats or any other floating devices, except in the Wind River.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 6:01 p.m. July 25, 1998:

WAC 220-32-05500M Columbia River tributaries--Subsistence.