WASHINGTON STATE REGISTER

WSR 00-22-013

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-224 -- Filed October 20, 2000, 3:27 p.m. , effective October 23, 2000, 7:00 a.m. ]

Date of Adoption: October 20, 2000.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000L; 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 five days of commercial coho fishing and one day of target sturgeon fishing. Impacts to URB fall chinook are projected to be within the guidelines of the 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 October 19, 2000.

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 23, 2000, 7:00 a.m.

October 20, 2000

J. P. Koenings

Director

by Larry Peck

NEW SECTION
WAC 220-33-01000M
Columbia River gillnet seasons below Bonneville-select area commercial fisheries.

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, 1C, 1D, and 1E, except closed from a line extending from the green Navigation Light 41 at the upper end of Cottonwood Island at right angle to the thread of the Columbia River to the Oregon shore upstream to a line projected from Warrior Rock to Red Buoy Number 4 thence to a fishing boundary marker on Bachelor Island.

SEASON: October 23, 2000. 7 AM to 7 PM.

GEAR: 6-inch maximum mesh size, unslackened floater gillnet

or 9-inch minimum and 9 3/4 inch maximum mesh size.

SANCTUARIES: Grays Bay, Elokomin-A, Abernathy Creek, Washougal River, Cowlitz River and Sandy River sanctuaries are in place.

ALLOWABLE SALE: salmon and sturgeon

2) AREA: SMCRA 1A, 1B, 1C, 1D, and 1E, except closed from a line extending from the green Navigation Light 41 at the upper end of Cottonwood Island at right angle to the thread of the Columbia River to the Oregon shore upstream to a line projected from Warrior Rock to Red Buoy Number 4 thence to a fishing boundary marker on Bachelor Island.

SEASON: 7 AM October 24, 2000 through 7 PM. October 27, 2000.

GEAR: 6-inch maximum mesh size, unslackened, floater gillnet.

SANCTUARIES: Grays Bay, Elokomin-A, Abernathy Creek, Washougal River, Cowlitz River and Sandy River sanctuaries are in place.

ALLOWABLE SALE: salmon and sturgeon

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.

6 p.m. Sundays to 8 a.m. Mondays

6 p.m. Mondays to 8 a.m. Tuesdays

6 p.m. Tuesdays 8 a.m. Wednesdays

6 p.m. Thursdays to 8 a.m. Fridays

Immediately to October 31, 2000

GEAR: 8 inch maximum mesh

100 fathoms maximum length

ALLOWABLE SALE: Salmon and sturgeon

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

6 p.m. Sundays to 8 a.m. Mondays

6 p.m. Mondays to 8 a.m. Tuesdays

6 p.m. Wednesdays to 8 a.m. Thursdays

6 p.m. Thursdays to 8 a.m. Fridays

Immediately 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

ALLOWABLE SALE: Salmon and sturgeon

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: 6 p.m. Sundays to 8 a.m. Mondays

6 p.m. Mondays to 8 a.m. Tuesdays

6 p.m. Tuesdays to 8 a.m. Wednesdays

6 p.m. Wednesdays to 8 a.m. Thursdays

Immediately to October 31, 2000

GEAR: 8 inch maximum mesh

100 fathoms maximum length

ALLOWABLE SALE: Salmon and sturgeon

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: 6 p.m. Tuesdays to 8 a.m. Wednesdays

6 p.m. Wednesdays to 8 a.m. Thursdays

6 p.m. Thursdays to 8 a.m. Fridays

6 p.m. Fridays to 8 a.m. Saturdays

Immediately to October 28, 2000

GEAR: 8 inch maximum mesh

100 fathoms maximum length

ALLOWABLE SALE: Salmon and sturgeon

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.

[]

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 effective 7:00 a.m. October 23, 2000:

WAC 220-33-01000M Columbia River gillnet seasons below Bonneville-select area commercial fisheries. (00-209)

SEASON:	October 23, 2000. 7 AM to 7 PM.
GEAR:	6-inch maximum mesh size, unslackened floater gillnet
	or 9-inch minimum and 9 3/4 inch maximum mesh size.
SANCTUARIES:	Grays Bay, Elokomin-A, Abernathy Creek, Washougal River, Cowlitz River and Sandy River sanctuaries are in place.

2) AREA:	SMCRA 1A, 1B, 1C, 1D, and 1E, except closed from a line extending from the green Navigation Light 41 at the upper end of Cottonwood Island at right angle to the thread of the Columbia River to the Oregon shore upstream to a line projected from Warrior Rock to Red Buoy Number 4 thence to a fishing boundary marker on Bachelor Island.
SEASON:	7 AM October 24, 2000 through 7 PM. October 27, 2000.
GEAR:	6-inch maximum mesh size, unslackened, floater gillnet.
SANCTUARIES:	Grays Bay, Elokomin-A, Abernathy Creek, Washougal River, Cowlitz River and Sandy River sanctuaries are in place.

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.
	6 p.m. Sundays to 8 a.m. Mondays
	6 p.m. Mondays to 8 a.m. Tuesdays
	6 p.m. Tuesdays 8 a.m. Wednesdays
	6 p.m. Thursdays to 8 a.m. Fridays
	Immediately to October 31, 2000
GEAR:	8 inch maximum mesh
	100 fathoms maximum length

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
	6 p.m. Sundays to 8 a.m. Mondays
	6 p.m. Mondays to 8 a.m. Tuesdays
	6 p.m. Wednesdays to 8 a.m. Thursdays
	6 p.m. Thursdays to 8 a.m. Fridays
	Immediately 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

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:	6 p.m. Sundays to 8 a.m. Mondays
	6 p.m. Mondays to 8 a.m. Tuesdays
	6 p.m. Tuesdays to 8 a.m. Wednesdays
	6 p.m. Wednesdays to 8 a.m. Thursdays
	Immediately to October 31, 2000
GEAR:	8 inch maximum mesh
	100 fathoms maximum length

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:	6 p.m. Tuesdays to 8 a.m. Wednesdays
	6 p.m. Wednesdays to 8 a.m. Thursdays
	6 p.m. Thursdays to 8 a.m. Fridays
	6 p.m. Fridays to 8 a.m. Saturdays
	Immediately to October 28, 2000
GEAR:	8 inch maximum mesh
	100 fathoms maximum length

© Washington State Code Reviser's Office