WSR 01-22-018

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-245 -- Filed October 26, 2001, 3:06 p.m. , effective October 28, 2001, 6:00 p.m. ]

Date of Adoption: October 26, 2001.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000F and 220-33-01000G; 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: Prohibits retention of chum in remainder of late fall mainstem coho fishery and select area fisheries. Impacts to listed chum are nearing the guidelines in the 2001 fall management agreement and the biological opinion. Harvestable hatchery coho are available. Impacts to Oregon listed coho are projected to be within the management guidelines. All fisheries are included in the 2001 fall management agreement and are consistent with the preseason plans developed during the North of Falcon process. This rule is consistent with actions of the Columbia River Compact on October 25, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 28, 2001, 6:00 p.m.

October 26, 2001

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-33-01000G   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) AREA: SMCRA 1B upstream of a line between Harrington Point in Washington to Settler Point in Oregon and 1C, 1D, and 1E.

SEASON: 7:00 a.m. October 29, 2001 to 7:00 p.m. October 31, 2001

GEAR: 6 inch maximum mesh restriction.

ALLOWABLE SALE: Chinook and coho. Release all chum

SANCTUARIES: Elokomin-A, Cowlitz, Kalama-A, Lewis-A, Washougal, Sandy

2) COHO TANGLE NET FISHERY

MAINSTEM COLUMBIA RIVER - TANGLE NET TEST FISHERY

a) AREA: SMCRA 1A, 1B, 1C, 1D, 1E

DATES: Immediately through 6:00 p.m. October 31, 2001

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

ALLOWABLE SALE: Chinook and coho. Release all chum.

SANCTUARIES: Grays River, Elokomin-A, Cowlitz, Kalama-A, Lewis-A, Washougal, Sandy

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:

1) Tim Heuker

2) Mike Heuker

3) Bernie Heuker

4) Dan Heuker

5) Chris Heuker

6) Randy Anderson

7) Mark Ihander

8) Thomas Tarabochia

9) Lance Gray

10) Steve Gray

11) Chuck Yeager

12) Les Clark

13) Steve Clark

14) Marty Budnick

15) John Grocott

16) Larry Holland

17) Del Barendse

18) Gary Olson

19) Marty Kuller

20) Frank Tarabochia

3) 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 defined by markers. All waters are under concurrent jurisdiction.

SEASON: Blind Slough and Knappa Slough

Monday, Tuesday, Wednesday, and Thursday nights

6:00 p.m. to 8:00 a.m.

Immediately through October 31, 2001

GEAR: 6 inch maximum mesh

100 fathoms maximum length

The use of monofilament gillnet gear is allowed.

ALLOWABLE SALE: Chinook and coho. Release all chum

4) 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

6:00 p.m. to 8:00 a.m.

Immediately through October 31, 2001

South Channel

Monday, Tuesday, Wednesday, and Thursday nights

6:00 p.m. to 8:00 a.m.

Immediately 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 Basin fishery may have stored on board their boats, gill nets with leadline in excess of two pounds per fathom.

The use of monofilament gillnet gear is allowed.

South Channel

6 inch maximum mesh

100 fathoms maximum length

The use of monofilament gillnet gear is allowed.


ALLOWABLE SALE: Chinook and coho. Release all chum


5) 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: Sunday, Monday, Tuesday, Wednesday, and Thursday nights

6:00 p.m. to 8:00 a.m.

Immediately through October 31, 2001

GEAR: 6 inch maximum mesh

100 fathoms maximum length

The use of monofilament gillnet gear is allowed.

ALLOWABLE SALE: Chinook and coho. Release all chum


6) 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

6:00 p.m. to 8:00 a.m.

Immediately through October 31, 2001

GEAR: 6 inch maximum mesh

100 fathoms maximum length

The use of monofilament gillnet gear is allowed.


ALLOWABLE SALE: Chinook and coho. Release all chum.


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.

[]

Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER


The following section of the Washington Administrative Code is repealed effective 6:00 p.m. October 28, 2001:


WAC 220-33-01000F Columbia River gillnet seasons below Bonneville-select area commercial fisheries. (01-227)

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


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

Washington State Code Reviser's Office