EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: September 22, 2000.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000I; 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 six days of coho fishing below Longview Bridge, and allows an experimental use of monofilament gear for the second fishing period. Impacts to Endangered Species Act listed fish are projected to remain within guidelines of 2000 Management Agreement and NMFS standards. Harvestable numbers of hatchery coho, chinook, and sturgeon are available. Rule is consistent with action of the Columbia River Compact of September 22, 2000.
Modifies the days open in the Blind Slough Select Area fishery per industry request. The select areas are part of an on-going BPA funded study to design fisheries in areas outside of the mainstem Columbia River. Several stocks of salmon have been released from net pens in these select areas to provide for fisheries. All salmon returning to these net pens are harvestable. This rule is consistent with actions of the Columbia River Compact hearing of July 27, 2000, and September 22, 2000, and is consistent with requirements of the Endangered Species Act. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.
September 22, 2000
J. P. Koenings
Director
by Larry Peck
Notwithstanding the provisions of WAC 220-33-010 and WAC 220-33-020, it is unlawful for a person to take or possess salmon, shad, and sturgeon taken for commercial purposes from Columbia River Salmon Management and Catch Reporting Areas 1A, 1B, 1C, 1D, and 1E except during the times and conditions listed:
| 1) AREA: | SMCRA 1A, 1B and 1C upstream to Longview Bridge. |
| SEASON: | September 25, 26, 28, 2000. 7:00 a.m. to 7:00
p.m. daily. |
| GEAR: | 6 inch maximum mesh |
| unslackened floater gillnet |
| 2) AREA: | SMCRA 1A, 1B and 1C upstream to Longview Bridge. |
| SEASON: | October 2, 3, 5, 2000. 7:00 a.m. to 7:00 p.m. daily. |
| GEAR: | 6 inch maximum mesh, unslackened floater gillnet |
| or 6 inch maximum mesh monofilament unslackened
floater gillnet gear |
3) BLIND SLOUGH/KNAPPA SLOUGH SELECT AREA
| AREA: | Open waters of Blind Slough extend from markers at the mouth of Gnat Creek located approximately 1/2 mile upstream of the county road bridge downstream to markers at the mouth of Blind Slough. Concurrent Washington/Oregon waters extend downstream of the railroad bridge. In addition, Knappa Slough is open to fishing in all waters bounded by a line from the northerly most marker at the mouth of Blind Slough westerly to a marker on Karlson Island downstream to boundary lines defined by markers on the western end of Minaker Island to markers on Karlson Island and the Oregon shore. An area at the mouth of Big Creek defined by markers of about a 100 foot radius is closed to fishing. |
| SEASON: | Blind Slough and Knappa Slough. |
| 7:00 p.m. Mondays to 7:00 a.m. Tuesdays | |
| 7:00 p.m. Tuesdays 7:00 a.m. Wednesdays | |
| 7:00 p.m. Thursdays to 7:00 a.m. Fridays | |
| 7:00 p.m. Fridays to 7:00 a.m. Saturdays | |
| Immediately to September 30, 2000 |
|
| 6:00 p.m. Sundays to 8:00 a.m. Mondays | |
| 6:00 p.m. Mondays to 8:00 a.m. Tuesdays | |
| 6:00 p.m. Tuesdays 8:00 a.m. Wednesdays | |
| 6:00 p.m. Thursdays to 8:00 a.m. Fridays | |
| October 1, 2000 to October 31, 2000 |
|
| GEAR: | 8 inch maximum mesh |
| 100 fathoms maximum length |
4) TONGUE POINT/SOUTH CHANNEL SELECT AREA
| AREA: | Tongue Point Basin is open to fishing in all
waters bounded by a line from the red light at
Tongue Point to the flashing green light at the
rock jetty on the northwesterly tip of Mott
Island, a line from a marker at the south end of
Mott Island easterly to a marker on the northwest
bank on Lois Island, and a line from a marker on
the southwest end of Lois Island due westerly to a
marker on the opposite bank. In addition, South
Channel is open to fishing in all waters bounded
by a line from a marker on John Day Point through
the green buoy "7" thence to a marker on the
southwest end of Lois Island upstream to an upper
boundary line from a marker on Settler Point
northwesterly to flashing red marker "10" thence
northwesterly to a marker on the sand bar defining
the terminus of South Channel. All open waters
are under concurrent jurisdiction. |
| SEASON: | Tongue Point and South Channel |
| 7:00 p.m. Sundays to 7:00 a.m. Mondays | |
| 7:00 p.m. Mondays to 7:00 a.m. Tuesdays | |
| 7:00 p.m. Wednesdays to 7:00 a.m. Thursdays | |
| 7:00 p.m. Thursdays to 7:00 a.m. Fridays | |
| Immediately to September 29, 2000 |
|
| 6:00 p.m. Sundays to 8:00 a.m. Mondays | |
| 6:00 p.m. Mondays to 8:00 a.m. Tuesdays | |
| 6:00 p.m. Wednesdays to 8:00 a.m. Thursdays | |
| 6:00 p.m. Thursdays to 8:00 a.m. Fridays |
| October 1, 2000 to October 31, 2000 |
| GEAR: | Tongue Point Basin |
| 8 inch maximum mesh |
| 250 fathoms maximum length | |
| Weight on leadline cannot exceed two pounds per
fathom. Fishers participating in the Tongue Point
Basin fishery may have stored on board their
boats, gill nets with leadline in excess of two
pounds per fathom. |
|
| South Channel | |
| 8 inch maximum mesh | |
| 100 fathoms maximum length |
5) DEEP RIVER SELECT AREA
| AREA: | Deep River is open to fishing down river from the
town of Deep River to the mouth (a line from
navigation marker "16" southwest to a marker on
the Washington shore). Concurrent waters extend
downstream of the Highway 4 bridge. State waters
extend upstream of the Highway 4 bridge. |
| SEASON: | 7:00 p.m. Sundays to 7:00 a.m. Mondays |
| 7:00 p.m. Mondays to 7:00 a.m. Tuesdays | |
| 7:00 p.m. Tuesdays to 7:00 a.m. Wednesdays | |
| 7:00 p.m. Wednesdays to 7:00 a.m. Thursdays | |
| Immediately to September 28, 2000 |
|
| 6:00 p.m. Sundays to 8:00 a.m. Mondays | |
| 6:00 p.m. Mondays to 8:00 a.m. Tuesdays | |
| 6:00 p.m. Tuesdays to 8:00 a.m. Wednesdays | |
| 6:00 p.m. Wednesdays to 8:00 a.m. Thursdays | |
| October 1, 2000 to October 31, 2000 |
| GEAR: | 8 inch maximum mesh |
| 100 fathoms maximum length |
6) STEAMBOAT SLOUGH SELECT AREA
| AREA: | Steamboat Slough is open to fishing in waters
bounded by markers on Price Island and the
Washington shore, at both upstream and downstream
ends of Steamboat Slough. All open waters are
under concurrent jurisdiction. |
| SEASON: | 7:00 p.m. Tuesdays to 7:00 a.m. Wednesdays |
| 7:00 p.m. Wednesdays to 7:00 a.m. Thursdays | |
| 7:00 p.m. Thursdays to 7:00 a.m. Fridays | |
| 7:00 p.m. Fridays to 7:00 a.m. Saturdays | |
| Immediately to September 30, 2000 |
|
| 6:00 p.m. Tuesdays to 8:00 a.m. Wednesdays | |
| 6:00 p.m. Wednesdays to 8:00 a.m. Thursdays | |
| 6:00 p.m. Thursdays to 8:00 a.m. Fridays | |
| 6:00 p.m. Fridays to 8:00 a.m. Saturdays | |
| October 3, 2000 to October 28, 2000 |
|
| GEAR: | 8 inch maximum mesh |
| 100 fathoms maximum length |
| OTHER: | It is unlawful to transport or possess fish outside the fishing area unless by licensed buyer. An exception to the rule allows transportation out of the fishing area with a permit issued by an authorized agency employee after examining the catch. |
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Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER
The following section of the Washington Administrative Code is repealed:
| WAC 220-33-01000I | Columbia River gillnet seasons below Bonneville-select area commercial fisheries (00-189) |