WSR 06-15-016

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-159 -- Filed July 6, 2006, 1:29 p.m. , effective July 6, 2006, 7:00 p.m. ]


Effective Date of Rule: July 6, 2006, 7:00 p.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000M; 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: Sets additional fishing periods for the remainder of the summer season. TAC has upgraded the run to 87,000 summer chinook. Harvestable upper Columbia summer chinook and sturgeon are available. Season is consistent with the 2005-2007 interim management agreement, the 2003-2005 sturgeon fishery management plan, the draft Upper Columbia River management plan and commission guidance. Regulation is consistent with compact action of January 26, 2006, and July 5, 2006. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: July 6, 2006.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-33-01000M   Columbia River season below Bonneville.   Notwithstanding the provision of WAC 220-33-010, and 220-33-020, it is unlawful for a person to take or possess salmon or sturgeon taken for commercial purposes from Columbia River Salmon Management and Catch Reporting Areas 1A, 1B, 1C, 1D, and 1E, except as provided in the following subsections.

AREA: SMCRA 1A, 1B, 1C, 1D, and 1E

SEASON: 7:00 p.m. Thursday July 6 to 7:00 a.m. Friday July 7, 2006

7:00 p.m. Monday July 10 to 7:00 a.m. Tuesday July 11, 2006

7:00 p.m. Wednesday July 12 to 7:00 a.m. Thursday July 13, 2006

7:00 p.m. Monday July 17 to 7:00 a.m. Tuesday July 18, 2006

7:00 p.m. Wednesday July 19 to 7:00 a.m. Thursday July 20, 2006

7:00 p.m. Monday July 24 to 7:00 a.m. Tuesday July 25, 2006

7:00 p.m. Wednesday July 26 to 7:00 a.m. Thursday July 27, 2006

GEAR: Gillnet 8-inch minimum mesh and 9-3/4 inch maximum mesh.

ALLOWABLE SALE: Chinook, coho, shad, and sturgeon. All sockeye and steelhead must be released immediately. A maximum of three white sturgeon may be possessed or sold by each participating vessel during each calendar week (Sunday through Saturday) that the fishery is open. The sturgeon possession/sales limit includes only mainstem fisheries. Retention of Green sturgeon is prohibited

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

OTHER: Quick reporting required for Washington wholesale dealers, WAC 220-69-240.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 7:01 a.m. July 27, 2006:


WAC 220-33-01000M Columbia River seasons below Bonneville.

Washington State Code Reviser's Office