WSR 00-09-024

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-45 -- Filed April 12, 2000, 4:07 p.m. ]

Date of Adoption: April 11, 2000.

Purpose: Subsistence fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05500Z; 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 surplus is projected in all hatchery tributaries based on preseason forecasts. Seasons were discussed with Yakama Indian Nation and Regions 2, 3, and 5. This regulation will conform state and 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

April 11, 2000

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-32-05500Z
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 Yakama treaty to take or possess salmon taken for subsistence purposes from the Wind River, White Salmon River, Klickitat River, Yakima River, Icicle River, Drano Lake and Ringold except under the following provisions:

1) The Wind River from the mouth to a marker 400 feet downstream of Shipperd Falls is open 7 days per week immediately through June 24, 2000. From 200 feet above Shipperd Falls upstream to a marker 30 feet below the mouth of Tyee Springs (the outlet stream for Carson National Fish Hatchery) is open 7 days per week from May 29 through June 24, 2000. Legal fishing gear are dipnets, setbag nets, and hook and line.

2) The White Salmon River from the mouth to Condit Dam is open 7 days per week immediately through June 17, 2000. Legal fishing gear are dipnets, setbag nets, and hook and line. Fishing is not allowed from boats or other floating devices. It shall be unlawful to place fishing platforms, or to take, molest, injure, or fish for salmon within 25 feet of any fish ladder, fishway, or fish bypass pipes. It shall be unlawful to leave a net in fishing position unattended.

3) The Klickitat River from the site of the former Swinging Bridge (RM 1.5) to Fishway Number 5 (RM2.2) is open noon Tuesdays to 6:00 p.m. Saturdays of each week immediately to June 3, 2000. Legal fishing gear are dipnets, setbag nets, and hook and line. Fishing is not allowed from boats or other floating devices. It shall be unlawful to place fishing platforms, or to take, molest, injure, or fish for salmon within 25 feet of any fish ladder, fishway, or fish bypass pipes. It shall be unlawful to leave a net in fishing position unattended.

4) The Yakima River from Horn Rapids Dam to Wapato Dam fishing is open from noon Tuesdays to 6:00 p.m. Saturdays of each week from April 18 to July 29, 2000. Legal fishing gear are dipnets, setbag nets, and hook and line. Fishing is not allowed from boats or other floating devices. It shall be unlawful to place fishing platforms, or to take, molest, injure, or fish for salmon within 30 feet of any fish ladder, fishway, or fish bypass pipes.

5) Ringold. The waters of the Columbia River from a marker approximately 1/2 mile upstream of Spring Creek (Ringold Hatchery rearing pond outlet) downstream to a marker approximately 1/4 mile downstream of Ringold wasteway outlet are open 7 days per week from May 15 through July 31, 2000 on the hatchery side of the river only. Legal fishing gear are dipnets, setbag nets, and hook and line. Fishing is not allowed from boats or other floating devices.

6) The Icicle River where it borders the property of the U.S. Fish and Wildlife National Fish Hatchery at Leavenworth is open from 9 p.m. Thursdays through 6 p.m. Saturdays, weekly from May 4 through July 22, 2000. Legal fishing gear are dipnets, and setbag nets. Fishing is not allowed from boats or any other floating devices. It shall be unlawful to place fishing platforms, or to take, molest, injure, or fish for salmon within 30 feet of any fish ladder, fishway, or fish bypass pipes.

7) All other fishing gear and methods, including snagging are unlawful.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. August 1, 2000:


WAC 220-32-05500Z Columbia River tributaries -- Subsistence

Washington State Code Reviser's Office