WSR 01-21-013

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-228 -- Filed October 5, 2001, 3:22 p.m. , effective October 7, 2001, 12:01 a.m. ]

     Date of Adoption: October 5, 2001.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05100J; and amending WAC 220-32-051.

     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: Opens the Klickitat River to commercial fishing. Harvestable numbers of salmon are available in the Klickitat River. Consistent with compact action of October 5, 2001. Conforms state rules with tribal rules. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 7, 2001, 12:01 a.m.

October 5, 2001

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-32-05100K   Columbia River salmon seasons above Bonneville Dam.   Notwithstanding the provisions of WAC 220-32-050, WAC 220-32-051, WAC 220-32-052, WAC 220-32-058, effective immediately until further notice, it is unlawful for a person to take or possess salmon, shad, carp, or sturgeon taken for commercial purposes in Columbia River Salmon Management Catch Reporting Areas 1F, 1G, and 1H, and the Klickitat River except those individuals possessing treaty fishing rights under the Yakima treaty may fish for salmon, shad, carp, or sturgeon under the following provisions pursuant to lawfully enacted tribal rules:

     1)

     a) Open Periods: Weekly, 12:00 Noon Tuesdays through 12:00 a.m. Midnight Saturdays from October 17, 2001 through December 15, 2001.

     b) Open Areas: The Klickitat River from the site of the former Swinging Bridge (RM 1.5) to Fishway Number 5 (RM2.2)

     c) Gear: Hoop nets, dip bag nets, or hook and line

     d) Allowable sale includes: salmon

[]


REPEALER

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. October 7, 2001:


WAC 220-32-05100J Columbia River salmon seasons above Bonneville Dam. (01-213)

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