Purpose: Subsistence fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05500N; 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: The treaty tribes have reached the harvest allocation for spring chinook in the mainstem Columbia River. The area open for the Yakama Indian Nation is a Wind River Hatchery chinook target fishery. This rule conforms state with tribal rules. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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

May 15, 1998

Larry Peck

for Bern Shanks

Director

WAC 220-32-05500N  Indian subsistence fishing. Notwithstanding the provisions of WAC 220-32-055:

(1) Effective immediately through May 31, 1998, it is unlawful for individuals possessing treaty fishing rights pursuant to the Yakama Treaty, the Warm Springs Treaty, the Umatilla Treaty and the Nez Perce treaty to take, fish for, or possess salmon or other food fish for subsistence purposes in the Columbia River as defined in WAC 220-32-055 (2)a.

(2) Effective immediately through May 31, 1998, individuals possessing treaty fishing rights pursuant to the Yakama Treaty may fish in those water of the Columbia River north of a straight line projected from the boundary markers at the east end of the mouth of the Wind River through an island located 1/4 mile downstream from the river mouth to land fall on the north bank of the Columbia River.

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Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

REPEALER

The following section of the Washington Administrative Code is repealed effective 11:59 p.m. May 31, 1998:

WAC 220-32-05500N Indian subsistence fishing.