Date of Adoption: July 30, 1999.

Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000S; 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: Harvestable numbers of sturgeon remain on the non-Indian commercial allocation for 1999 for the twelve hour fishery from Zone 1 to Longview Bridge. The season provides the commercial industry access to a portion of their sturgeon allocation during a time when salmon and steelhead are not present in large numbers, and provides maximum economic benefits. This season is consistent with the precepts of the Olympia Accord agreement between the states of Washington and Oregon concerning Columbia River sturgeon management downstream of Bonneville Dam. This rule is consistent with actions of the Columbia River Compact on July 26, 1999. This season is consistent with the Columbia River Compact agreed total allowable catch of 50,000 white sturgeon in the region below Bonneville Dam.

Harvestable numbers of salmon from net pen releases are available for the select area fisheries at Tongue Point/South Channel, Blind Slough/Knappa Slough, and Deep River. These select areas are part of an on-going BPA funded program to design fisheries in areas outside of the mainstem Columbia River, and the purpose of the program is to provide fisheries. Rule is consistent with actions of the Columbia River Compact of July 26, 1999. There is insufficient time to promulgate permanent regulations.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 4, 1999, 7:00 p.m.

July 30, 1999

Jeff P. Koenings

Director

by Larry Peck

Notwithstanding the provisions of WAC 220-33-010, and 220-33-020, 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.

1) OPEN AREA: SMCRA 1A, 1B, and 1C upstream to the Longview Bridge

a) SEASON: 7:00 p.m. Wednesday, August 4, 1999 to 7:00 a.m. Thursday, August 5, 1999

b) GEAR: 9 inch minimum mesh and 9-3/4 inch maximum mesh. The lead or weight on the leadline cannot exceed two pounds in any one fathom, with measurement taken along the corkline of the net.

c) ALLOWABLE SALE: Salmon and sturgeon.

d) OTHER: 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 immediately returned to the water.

It is unlawful to gaff sturgeon.

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

e) SANCTUARIES: Grays Bay, Elokomin, Big Creek.

2) OPEN AREA: Tongue Point/South Channel

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. In addition, South Channel is open to fishing in all waters bounded by a line from a marker on John Day Point through the green buoy "7" thence to a marker on the southwest end of Lois Island upstream to an upper boundary line from a marker on Settler Point northwesterly to flashing red marker "10" thence northwesterly to a marker on the sand bar defining the terminus of South Channel. All open waters are under concurrent jurisdiction.

a) SEASON:

7:00 p.m. to 7:00 a.m.; Monday and Tuesday nights; Sept. 7 - 15, 1999 Tongue Point only

7:00 p.m. to 7:00 a.m.; Monday and Tuesday nights; Sept 20 - 29, 1999 Tongue Point/South Channel

6:00 p.m. - 8:00 a.m.; Monday, Tuesday and Wednesday nights; Oct 4 - 28, 1999 Tongue Point/South Channel

b) GEAR:

8-inch maximum mesh restriction. Legal gear restricted to a maximum length of 250 fathoms and weight on leadline not to exceed 2 pounds on any one fathom within Tongue Point Basin. In South Channel, nets are restricted to 100 fathoms in length with no weight restrictions on the leadline. Fishers participating in the Tongue Point Basin fishery may have stored on board their boats, gill nets with leadline in excess of 2 pounds per fathom.

c) ALLOWABLE SALE: Salmon and sturgeon.

3) OPEN AREA: Blind Slough/Knappa Slough

Blind Slough is open from markers at the mouth of Gnat Creek located approximately 1/2 mile upstream of the county road bridge downstream to markers at the mouth of Blind Slough. Concurrent waters extend downstream of the railroad bridge. State waters extend upstream of the railroad bridge and require an Oregon license. In addition, Knappa Slough is open to fishing in all waters bounded by a line from the northerly most marker at the mouth of Blind Slough westerly to a marker on Karlson Island downstream to a north-south line defined by a marker on the eastern end of Minaker Island to markers on Karlson Island and the Oregon shore. An area closure at the mouth of Big Creek defined by markers of about a 100' radius.

a) SEASON:

7:00 p.m. - 7:00 a.m.; Wednesday and Thursday nights; Sept. 9 - 17, 1999 Blind Slough only

7:00 p.m. - 7:00 a.m.; Wednesday and Thursday nights; Sept 22 - Oct 1, 1999 Blind Slough/Knappa Slough

6:00 p.m. - 8:00 a.m.; Monday, Tuesday and Wednesday nights; Oct 4 - 28, 1999 Blind Slough/Knappa Slough

b) GEAR: Nets restricted to 100 fathoms in length with no weight restriction on leadline. 8-inch maximum mesh.

c) ALLOWABLE SALE: Salmon and sturgeon.

4) OPEN AREA: Deep River

Deep River is open to fishing down river from the town of Deep River to the mouth (a marker at Miller Point to a marker on the opposite bank). Concurrent waters extend downstream of the Highway 4 bridge. State waters extend upstream of the Highway 4 bridge.

a) SEASON:

7:00 p.m. - 7:00 a.m.; Wednesday and Thursday nights; Sept. 9 - Oct 1, 1999

6:00 p.m. - 8:00 a.m.; Monday, Tuesday and Wednesday nights; Oct 4 - 28, 1999

b) GEAR: Nets restricted to 100 fathoms in length with no weight restriction on leadline. 8-inch maximum mesh size restriction.

c) ALLOWABLE SALE: Salmon and sturgeon.

5) OTHER RULES FOR TONGUE POINT/SOUTH CHANNEL, BLIND SLOUGH/KNAPPA SLOUGH, DEEP RIVER:

Transportation or possession of fish outside of the fishing area when the main stem is closed is unlawful unless by licensed buyer. An exception to the rule would allow fishers to transport their catch out of the fishing area with a permit issued by an authorized agency employee after examining the catch or by a self-issued permit in the absence of an authorized employee. One copy of the self-issued permit is to be retained by the fisher while the original must be deposited in a locked box located in or adjacent to the fishing area.

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The following section of the Washington Administrative Code is repealed effective 8:01 a.m. October 28, 1999:

WAC 220-33-01000S

Columbia River season below Bonneville.