WSR 03-24-020

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-293 -- Filed November 21, 2003, 3:04 p.m. ]

Date of Adoption: November 21, 2003.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05700V; and amending WAC 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: Opens Bonneville Pool for a sturgeon gill net season. There are eight hundred fish left on the Bonneville Pool guideline. Continues setline season in Bonneville and John Day pools. There is room on the guidelines in both areas to allow for a season. Conforms state rules with tribal rules and is consistent with compact action of November 20, 2003. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: Immediately.

November 21, 2003

Jim Lux

for Jeff Koenings

Director


NEW SECTION
WAC 220-32-05700W   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 under the following provisions:

1) Open Area is 1F.

a) 6:00 a.m. December 1 through 6:00 p.m. December 14, 2003.

b) Gear: Gill nets. Minimum mesh size of 8 1/2 inches.

c) Allowable sale: sturgeon between 4 and 5 feet in length, walleye, carp. Salmon and steelhead may not be sold but may be retained for subsistence purposes.

d) All standard river mouth and dam sanctuaries are in effect.

2) Dates: Immediately until further notice.

a) Open areas are 1F and 1H.

b) Gear: setlines.

c) During the season specified in Section 2, it is unlawful to:

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

2) 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.

3) 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.

d) During the season specified in Section 2, it is unlawful to use set line gear:

1) with more than 100 hooks per set line

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

3) with treble hooks

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

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-32-05700V Columbia River sturgeon seasons above Bonneville Dam. (03-263)

Legislature Code Reviser 

Register

Washington State Code Reviser's Office