(1) It is unlawful for any person to take, fish for or possess ((food)) fish for treaty related ceremonial, subsistence or commercial purposes in Columbia River Salmon Management and Catch Reporting Areas 1F, 1G, 1H, and 1E1 ((except that it is permissible for individuals possessing treaty fishing rights pursuant to the Yakima Treaty (12 Stat. 951), the Warm Springs Treaty (12 Stat. 963), the Umatilla Treaty (12 Stat. 945), and the Nez Perce Treaty (12 Stat. 957), while having on his or her person his or her Federal Tribal Identification Card to take, fish for and possess food fish for commercial purposes in Columbia River Salmon Management and Catch Reporting Areas 1F, 1G, 1H, and 1E1 in accordance with the rules in this chapter))unless:

(2) Violation of this section is punishable as a gross misdemeanor or felony crime under RCW 77.15.550.

(1) It shall be ((lawful))unlawful to take, fish for and possess ((salmon))fish for commercial purposes ((taken with drift gillnets and set nets not exceeding 300 feet in length, and with dip nets and hoop nets)) in Columbia River Salmon Management and Catch Reporting Areas 1F, 1G, and 1H ((during the following season:

No open season))except as allowed in this chapter or by emergency regulation.

(2) Violation of this section is punishable as a gross misdemeanor or felony crime under RCW 77.15.550.

(1) It shall be unlawful to take, fish for or possess ((salmon))fish taken for commercial purposes with any net in Columbia River Salmon Management and Catch Reporting Areas 1F, 1G, and 1H ((containing gillnet mesh larger than 4-1/2 inches stretch measure during the period 12 noon June 28 to 12 noon July 2; and containing mesh smaller than 7-1/4 inches stretch measure during the period 12 noon August 9 to 12 noon August 20))except as provided for in emergency regulation.

(2) Violation of this section is punishable as a gross misdemeanor under RCW 77.15.520.

(1) It is unlawful for any person((, including treaty Indian fishermen,)) to take, fish for, or possess ((salmon or other food)) fish for subsistence purposes ((except in accordance with the provisions of this section.

(2) It is lawful for individuals possessing))in Columbia River Salmon Management and Catch Reporting Areas 1F, 1G, 1H, and 1E1 unless:

(a) The person possesses treaty fishing rights pursuant to the Yakima Treaty, the Warm Springs Treaty, the Umatilla Treaty, and the Nez Perce Treaty to fish ((for food fish for subsistence family-use purposes subject to the following provisions:

(a))); and

(b) Such fishing ((is permitted year-round))occurs in the following areas:

(i) That area of the mainstem Columbia River from a line between a marker on the Washington shore and a marker on the Oregon shore, such line located approximately one-half mile upstream from the mouth of Eagle Creek, upstream to a point at the four-second flashing light #67 approximately 1/2 mile downstream of the Dalles Bridge; that area of the mainstem Columbia River from a point 200 feet above the Dalles Dam fishway exit upstream to a point 600 feet downstream of the John Day Dam fishway entrance; and

(ii) That area of the mainstem Columbia River from a point 200 feet above the John Day Dam fishway exit upstream to a point at the downstream end of the wingwall of the McNary Dam boat lock; that area of Columbia River from a point 200 feet above the McNary Dam fishway exit upstream to the Highway 12 bridge; excluding those areas within 1/4 mile radius of the mouth of Wind River, Little White Salmon River (Drano Lake), Klickitat River, and Spring Creek Hatchery fishway entrance.

(((b) Lawful fishing gear by treaty Indians in the above-designated area includes))(c) The fishing gear used is limited to dip nets and bag nets of a mesh size not exceeding 5 inches attached to a hoop 24 feet or less in circumference, spear, gaff, and club, ((and foul hook.

(c)))except it is lawful to use sport angling gear in places and at times allowed under chapter 220-310 WAC ((series)) for treaty Indian subsistence purposes.

(d) ((It is unlawful to use drift gillnets or set gillnets for treaty Indian subsistence fishing in the mainstem of the Columbia River except as authorized by the director of the department of fish and wildlife under the provisions of WAC 220-359-110.

(3)))The owner's tribal affiliation and enrollment number is either placed on the upper side of the hoop, or on a tag attached to the hoop, pole, or cable.

(2) In accordance with RCW 77.12.453, it is lawful for ((the following)) Wanapum Indians to take, fish for, and possess food fish for subsistence purposes in the vicinity of Priest Rapids Dam ((in specified areas at specified times using specified gear authorized))provided that a permit has been issued by the director of the department of fish and wildlife and all conditions followed. ((The))Individuals will be designated ((below may be revised from time to time)) by agreement between the Wanapum Indians and the director of the department of fish and wildlife((:

The following provisions apply to this fishery:

(a) ((It is unlawful to fish at any time, place, or using gear other than that designated by the director of the department of fish and wildlife and authorized by regulation.

(b))) It is unlawful for Wanapum Indian fishermen to fail to report, in writing, their total catch to the department of fish and wildlife within five days of the end of fishing activity under this subsection (((3)(a) of this section)).

(((c)))(b) Should any Wanapum Indian be convicted of violating the provisions of this section, or sell, barter, or attempt or sell or barter any fish taken in this fishery or any treaty Indian fishery, that fishermen will be ineligible to further participate in the Wanapum Indian subsistence fishery unless otherwise determined by the director of the department of fish and wildlife.

(((4)))(3) It is unlawful to sell, barter, or offer for sale or barter, buy, or for a ((commercially licensed fish dealer or))person acting in the capacity of a wholesale fish buyer to have in possession ((food)) fish taken in an Indian subsistence fishery ((under the provisions of subsections (2) and (3) of this section.

(5)))unless authorized by department rule.

(4) It is unlawful for fishermen participating in an Indian subsistence fishery to fail to submit their catch to department of fish and wildlife employees for the conduct of biological sampling or to fail to allow necessary biological samples to be taken.

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

(1) It shall be lawful to take, fish for and possess shad taken for commercial purposes in Columbia River Salmon Management and Catch Reporting Areas 1F, 1G, and 1H ((with single-wall floater gillnet and set net gear containing mesh of a size not less than 5-3/8 inches or larger than 6-1/4 inches stretch measure and said mesh webbing shall be of a breaking strength not greater than a 10-pound pull from 12 noon July 4 to 12 noon July 11. It shall be unlawful to sell any salmon taken during this lawful shad fishery))during the times and with the gear types as prescribed by emergency rule.

(b) A gross misdemeanor under RCW 77.15.520 regarding gear.

(1) It is unlawful to take, fish for or possess sturgeon taken for commercial purposes in Columbia River Salmon Management and Catch Reporting Areas 1F, 1G, and 1H except individuals possessing treaty fishing rights pursuant to the Yakima, Warm Springs, Umatilla, and Nez Perce treaties may fish for sturgeon with setline gear from January 1 through January 31, and during seasons opened under emergency rule by the department and as provided in this section.

(2) During the open season, it is unlawful to:

(a) Retain for commercial or subsistence purposes sturgeon less than 38 inches in fork length or greater than 54 inches in fork length in Columbia River Salmon Management and Catch Reporting Area (SMCRA) 1F. It is unlawful to retain for commercial or subsistence purposes sturgeon less than 43 inches in fork length or greater than 54 inches in fork length in Columbia River SMCRAs 1G and 1H;

(b) Sell, barter, or attempt to sell or barter sturgeon eggs that have been removed from the body cavity of a sturgeon prior to the sale of the sturgeon to anyone acting in the capacity of a wholesale fish buyer ((endorsed under chapter 77.65 RCW,)) or to sell or barter sturgeon eggs at retail; or

(c) Deliver to anyone acting in the capacity of a wholesale fish buyer ((endorsed under chapter 77.65 RCW)) any sturgeon that are not in the round with the head and tail intact.

(3) ((Gear:

(a) Maximum))It is unlawful to deploy or operate fishing gear except as follows:

(a) Not to exceed maximum 100 hooks per setline;

(b) Minimum hook size may not be less than 9/0;

(c) Treble hooks prohibited; ((and))

(d) ((Visible buoys required, with operator name and tribal identification clearly marked on the buoy))Buoys must be visible; and

(c) A felony crime under RCW 77.15.260 regarding trafficking of fish not allowed by department rule.

It shall be unlawful to take, fish for or possess ((salmon))fish taken for commercial purposes in or from the following designated closed waters adjacent to the mouths of streams tributary to Columbia River Salmon Management and Catch Reporting Areas 1F, 1G, and 1H during the time periods specified.

(1) Those waters of the Columbia River extending to midstream at right angles to the thread of the Columbia River between points one-half mile upstream from the eastern shoreline to one mile downstream from the western shoreline of the mouths of Hood River, Deschutes River, and Umatilla River are closed the entire year.

(2) Those waters of the Columbia River extending to midstream at right angles to the thread of the Columbia River between points one-half mile upstream from the eastern shoreline to three-quarters mile downstream from the western shoreline of the mouth of the Little White Salmon River are closed the entire year.

(3) Those waters of the Columbia River extending to midstream at right angles to the thread of the Columbia River between points one-half mile upstream from the eastern shoreline to one mile downstream from the western shoreline of the mouths of Herman Creek and the Big White Salmon River are closed from August 1 to November 1 of each year.

(4) Those waters of the Columbia River extending to midstream at right angles to the thread of the Columbia River between points one-half mile upstream from the eastern shoreline to one- and one-half miles downstream from the western shoreline of the mouths of the Klickitat River and Wind River are closed the entire year.

(5) Those waters of the Columbia River extending to midstream at right angles to the thread of the Columbia River between points one-half mile upstream from the eastern shoreline to one- and one-half miles downstream from the western shoreline of the mouth of Spring Creek are closed from August 1 to November 1 of each year.

(1) It shall be unlawful for any Indian to conduct ceremonial fishing on the Washington side of the Columbia River or in Washington Columbia River tributaries outside of an Indian reservation without first providing at least one week advance written notification to the director of the Washington state department of fish and wildlife, including all of the following information:

(a) Name, place, and time of ceremony for which fish will be used.

(b) Name of individuals and helpers who will be fishing and transporting fish. Only these individuals will be allowed to fish on the occasion covered by the notice.

(c) Exact location(s) of fishing and the amount of gear to be used at each location.

(d) Exact beginning and ending dates of ceremonial fishing.

(e) Type of gear to be used in ceremonial fishing.

(f) Estimated number of pounds of fish needed for ceremonial fishing.

(g) If fish are to be stored prior to a ceremony, the location of storage must be identified. If they are not to be stored, it must be so indicated.

(h) The signature of the designated tribal official certified to the Washington department of fish and wildlife in advance.

(2) It shall be unlawful to:

(a) Fish for ceremonial purposes with commercial fishing gear except in those areas where such fishing gear is authorized for commercial fishing((.));

(b) Deploy or operate fishing gear unless the owner's tribal affiliation and enrollment number is placed upon or adjacent to the end corks of set nets and drift nets, on the anchored ends of setlines and submerged nets, and on the anchor floats to which any of these gears are attached;

(c) Engage in ceremonial fishing during any portion of a week within a commercial fishing season which is closed to commercial fishing((.

(c)));

(d) Sell or barter, offer for sale or barter, buy, or for a ((commercial))person acting in the capacity of a wholesale fish buyer ((or fish dealer)) to have in his possession fish taken for ceremonial purposes((.

(d)));

(e) Engage in ceremonial fishing unless done in compliance with all provisions contained in the advance notice to the department of fish and wildlife of the state of Washington.

(3) ((Any individual engaged in ceremonial fishing must have in his))It is unlawful for any person engaged in ceremonial fishing to fail to have in possession a signed copy or duplicate copy of the written tribal notification to the director of the Washington state department of fish and wildlife that such fishing is to be conducted.

(4) ((All fishing gear shall be marked and identified at all times while fishing for ceremonial purposes.

(5))) A record of the numbers of fish taken for ceremonial purposes will be made and sent promptly to the director of the Washington state department of fish and wildlife upon conclusion of each ceremonial fishing activity.