WSR 01-18-065

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-193 -- Filed August 31, 2001, 3:07 p.m. , effective September 4, 2001, 7:00 p.m. ]

Date of Adoption: August 31, 2001.

Purpose: Commercial fishing rules.

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

Statutory Authority for Adoption: RCW 77.12.047.

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 select areas are part of an on-going BPA funded study to design fisheries in areas outside of the mainstem Columbia River. Several stocks of salmon have been released from net pens in these select areas to provide for fisheries. All salmon returning to these net pens are harvestable. The coho test fishery continues the efforts that began in spring 2001 to test the feasibility of using tangle nets and recovery boxes to release fish alive. This rule is consistent with actions of the Columbia River compact on August 17, 2001, and August 31, 2001, and is consistent with requirements of the Endangered Species Act. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 4, 2001, 7:00 p.m.

August 31, 2001

J. P. Koenings

Director


NEW SECTION
WAC 220-33-01000B   Columbia River gillnet seasons below Bonneville-select area commercial fisheries.   Notwithstanding the provisions of WAC 220-33-010 and WAC 220-33-020, it is unlawful for a person to take or possess salmon, shad, and sturgeon taken for commercial purposes from Columbia River Salmon Management and Catch Reporting Areas 1A, 1B, 1C, 1D, and 1E except during the times and conditions listed:

1) MAINSTEM COLUMBIA RIVER - TANGLE NET TEST FISHERY

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

DATES: 12:01 a.m. September 5, 2001 through 11:59 p.m. September 14, 2001.

GEAR: 3 1/2 inch mesh to 4 1/2 inch mesh.

150 fathoms maximum length

ALLOWABLE SALE: Adipose fin-clipped coho, chinook.

SANCTUARIES: Grays River, Elokomin-A, Abernathy Creek.

OTHER: An operating recovery box must be on board. A WDFW staff person must be on board at all times during the fishery.

Only those persons listed below may participate in the fishery:

a. Tim Heuker

b. Mike Heuker

c. Bernie Heuker

d. Dan Heuker

e. Chris Heuker

f. Randy Anderson

g. Mark Ihander

h. Thomas Tarabochia

i. Lance Gray

j. Steve Gray

k. Chuck Yeager

l. Les Clark

m. Steve Clark

n. Marty Budnick

o. John Grocott

p. Larry Holland

q. Del Barendse

r. Gary Olson

s. Marty Kuller

t. Frank Tarabochia

2) BLIND SLOUGH/KNAPPA SLOUGH SELECT AREA

AREA: Blind Slough fishing area includes all waters 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. Oregon State waters extend upstream of the railroad bridge.

Knappa Slough fishing area includes 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 boundary lines defined by markers on the western end of Minaker Island to markers on Karlson Island and the Oregon shore. An area closure of about a 100' radius at the mouth of Big Creek is defined by markers. All waters are under concurrent jurisdiction.

SEASON: Blind Slough and Knappa Slough

Monday, Tuesday, Wednesday, and Thursday nights

7 p.m. to 7 a.m. September 4, 2001 through September 30, 2001

6 p.m. to 8 a.m. October 1, 2001 through October 31, 2001

GEAR: 6 inch maximum mesh, except no mesh restriction in Knappa Slough from September 4, 2001 through September 13, 2001.

100 fathoms maximum length

ALLOWABLE SALE: Salmon

3) TONGUE POINT/SOUTH CHANNEL SELECT AREA

AREA: Tongue Point fishing area includes 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. All waters are under concurrent jurisdiction.

South Channel area includes 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 waters are under concurrent jurisdiction.

SEASON: Tongue Point

Monday, Tuesday, Wednesday, and Thursday nights

7 p.m. to 7 a.m. September 4, 2001 through September 30, 2001

6 p.m. to 8 a.m. October 1, 2001 through October 31, 2001

South Channel

Monday, Tuesday, Wednesday, and Thursday nights

7 p.m. to 7 a.m. September 16, 2001 through September 30, 2001

6 p.m. to 8 a.m. October 1, 2001 through October 31, 2001

GEAR: Tongue Point

6 inch maximum mesh

250 fathoms maximum length

Weight on leadline cannot exceed two pounds per fathom. Fishers participating in the Tongue Point fishery may have stored on board their boats, gill nets with leadline in excess of two pounds per fathom.

South Channel

6 inch maximum mesh

100 fathoms maximum length

ALLOWABLE SALE: Salmon

4) DEEP RIVER SELECT AREA

AREA: Deep River is open to fishing down river from the town of Deep River to the mouth (a line from navigation marker "16" southwest to a marker on the Washington shore). Concurrent waters extend downstream of the Highway 4 bridge. State waters extend upstream of the Highway 4 bridge.

SEASON: Monday, Tuesday, Wednesday, and Thursday nights

7 p.m. to 7 a.m. September 4, 2001 through September 30, 2001

6 p.m. to 8 a.m. October 1, 2001 through October 31, 2001

GEAR: 6 inch maximum mesh

100 fathoms maximum length

ALLOWABLE SALE: Salmon

5) STEAMBOAT SLOUGH SELECT AREA

AREA: Steamboat Slough is open to fishing in waters bounded by markers on Price Island and the Washington shore, at both upstream and downstream ends of Steamboat Slough. All open waters are under concurrent jurisdiction.

SEASON: Monday, Tuesday, Wednesday, and Thursday nights

7 p.m. to 7 a.m. September 4, 2001 through September 30, 2001

6 p.m. to 8 a.m. October 1, 2001 through October 31, 2001

GEAR: 6 inch maximum mesh

100 fathoms maximum length

ALLOWABLE SALE: Salmon

OTHER: It is unlawful to transport or possess fish outside the fishing area unless by licensed buyer. An exception to the rule allows transportation out of the fishing area with a permit issued by an authorized agency employee after examining the catch.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. November 1, 2001:


WAC 220-33-01000B Columbia River gillnet seasons below Bonneville-select area commercial fisheries.

Washington State Code Reviser's Office