WSR 02-18-079

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-216 -- Filed August 30, 2002, 4:17 p.m. , effective September 4, 2002, 6:00 a.m. ]

Date of Adoption: August 30, 2002.

Purpose: Amend commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05100U; 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: Modifies the Spring Creek Hatchery sanctuary for the second two fishing periods. The escapement at the hatchery is expected to be exceeded and reduced sanctuary will allow surplus fish to be harvested. Allows commercial sale from platform and hook and line fishery. Allows sale of fish caught in the Klickitat River to be sold when the Klickitat River is open and the Columbia River is open to commercial sale. Harvestable numbers of salmon are available. Impacts on ESA-listed stocks are expected to be within the guidelines of the 2002 fall management agreement and the biological opinion. The biological opinion covering fall fisheries has been signed. Consistent with compact action of August 30, 2002, and August 15, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 4, 2002, 6:00 a.m.

August 30, 2002

J. P. Koenings

Director


NEW SECTION
WAC 220-32-05100V   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, 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:

1) Open Periods: 6:00 a.m. September 4 to 6:00 p.m. September 7, 2002

6:00 a.m. September 11 to 6:00 p.m. September 14, 2002

a) Open Areas: SMCRA 1F, 1G, 1H

b) Gear: Gillnet 8-inch minimum mesh restriction

c) Allowable sale includes: salmon and shad

d) Spring Creek Hatchery Sanctuary: Those waters of the Columbia River within a radius of 150 feet of the Spring Creek Hatchery fishway are closed.

2) Open Periods: immediately until further notice

a) Open Areas: SMCRA 1F, 1G, 1H, and the Klickitat River

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

c) Allowable sale includes: salmon, shad.

d) Fish taken in the Klickitat River may be sold when the Klickitat River is open pursuant to lawfully enacted tribal rules. Klickitat River seasons are Tuesdays through Saturdays, weekly, from August 20 through September 14.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 6:00 a.m. September 4, 2002:


WAC 220-32-05100U Columbia River salmon seasons above Bonneville Dam. (02-201)

Washington State Code Reviser's Office