WSR 02-11-146

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-115 -- Filed May 22, 2002, 10:59 a.m. , effective May 23, 2002, 6:00 p.m. ]

Date of Adoption: May 22, 2002.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05100S, 220-32-05500E and 220-32-05700P; and amending WAC 220-32-055 and 220-32-057.

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 tribal fishery has exceeded the preseason allocation for upriver spring chinook in the commercial and subsistence fisheries, based on the current run size forecast of 292,000. Retention of adipose fin-clipped spring chinook with dip net, dip bag net and hook and line gear only will be allowed to help evaluate the use of selective fishing techniques in the tribal fishery with these gear types. The fishery is authorized for a limited time period and the additional impact to listed chinook is expected to be insignificant. Opens Bonneville and The Dalles pools for a sturgeon set line season. There is room on the guidelines in both areas to allow for a season, and harvestable numbers of sturgeon are available. Conforms state rules with tribal rules. Consistent with compact action of May 21, 2002. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 23, 2002, 6:00 p.m.

May 22, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-32-05500E   Off-reservation Indian subsistence fishing.   Notwithstanding the provisions of WAC 220-32-055, effective 6:00 p.m. May 23, 2002 through 6:00 a.m. June 1, 2002, it is unlawful for those individuals possessing treaty fishing rights under the Yakima, Warm Springs, Umatilla, and Nez Perce treaties to retain chinook salmon taken from the Columbia River for subsistence purposes except adipose fin-clipped salmon with a healed scar at the site. Legal gear is dipnet, dip bag net, and hook and line only.

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NEW SECTION
WAC 220-32-05700P   Columbia River sturgeon seasons above Bonneville Dam.   Notwithstanding the provisions of WAC 220-32-057, effective immediately, it is unlawful to take, fish for or possess sturgeon taken for commercial purposes in Columbia River Salmon Management Catch Reporting Areas 1F, 1G, and 1H, except those individuals possessing treaty fishing rights under the Yakima, Warm Springs, Umatilla, and Nez Perce treaties may fish for sturgeon with set line gear under the following provisions:

1) Dates: 6:00 a.m. June 1, 2002 until 6:00 p.m. August 17, 2002.

2) Open area is 1F and 1G.

3) During the season specified in Section 1, it is unlawful to:

a) retain for commercial purposes sturgeon less than 48 inches or greater than 60 inches in length.

b) sell, barter, or attempt to sell or barter sturgeon eggs that have been removed from the body cavity of a sturgeon prior to sale of the sturgeon to a wholesale dealer licensed under chapter RCW 77.65, or to sell or barter sturgeon eggs at retail.

c) deliver to a wholesale dealer licensed under chapter RCW 77.65 any sturgeon that are not in the round with the head and tail intact.

4) During the season specifies in Section 1, it is unlawful to use set line gear:

a) with more than 100 hooks per set line

b) with hooks less than the minimum size of 9/0

c) with treble hooks

d) without visible buoys attached and with buoys that do not specify operator and tribal identification

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Reviser's note: The typographical error 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. May 23, 2002:


WAC 220-32-05100S Columbia River salmon seasons above Bonneville Dam. (02-109)

The following section of the Washington Administrative Code is repealed effective 6:01 a.m. June 1, 2002:


WAC 220-32-05500E Off-reservation Indian subsistence fishing.

The following section of the Washington Administrative Code is repealed effective 6:01 p.m. August 17, 2002:


WAC 220-32-05700P Columbia River sturgeon seasons above Bonneville Dam.

Washington State Code Reviser's Office