WSR 02-14-138

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-142 -- Filed July 2, 2002, 4:42 p.m. , effective July 3, 2002, 6:00 a.m. ]

Date of Adoption: July 2, 2002.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05100T; 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: Allows commercial sale of platform caught fish and tributary caught fish. The summer chinook run size has been updated to 145,000. The fishery catches are expected to remain within the allocation and guidelines of the 2001 management agreement and will be consistent with the biological opinion. Rule is consistent with action of the Columbia River compact on July 2, 2002. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 3, 2002, 6:00 a.m.

July 2, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-32-05100T   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 Wind River, White Salmon River and the Klickitat River except those individuals possessing treaty fishing rights under the Yakima, Warm Springs, Umatilla, and Nez Perce treaties may fish for salmon, shad, carp, or sturgeon under the following provisions, pursuant to lawfully enacted tribal rules:

a) Open Periods: 6:00 a.m. July 3 to 6:00 p.m. July 7, 2002

6:00 a.m. July 19 to 6:00 p.m. July 31, 2002.

b) Open Areas: SMCRA 1F, 1G, 1H, Wind River and Klickitat River.

c) Gear: hoop nets, dip bag nets, and rod and reel with hook and line.

d) Allowable sale includes: salmon, shad, and carp. Only fish caught from platforms and hook and line may be sold. Fish caught in the tributaries may be sold during the open period.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 6:01 p.m. July 31, 2002:


WAC 220-32-05100T Columbia River salmon seasons above Bonneville Dam.

Washington State Code Reviser's Office