EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: September 21, 2001.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000D; 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 two weeks of non-Indian commercial fishing. Adds additional coho and chinook target fisheries. Run forecasts for key fall chinook stocks have been upgraded and impacts to Upriver Bright fall chinook are available for the non-Indian fishery. Lower River Hatchery fall chinook run size has also been upgraded to over twice the preseason forecast. Impacts to Oregon listed coho are projected to be within the management guidelines. All fisheries are included in the 2001 fall management agreement and are consistent with the preseason plans developed during the North of Falcon process. This rule is consistent with actions of the Columbia River compact on September 21, 2001, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.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:
September 24, 2001, 6:00 a.m.
September 21, 2001
J. P. Koenings
Director
1) MAINSTEM COLUMBIA RIVER - TARGET COHO FISHERY
AREA: SMCRA 1A, 1B, and 1C upstream to a line extending from a boundary marker located on the Washington shore one mile downstream of the mouth of the Kalama River at a right angle to the thread of the Columbia River to the Oregon shore (downstream boundary of Kalama-B sanctuary).
DATES: 7:00 a.m. September 24, 2001 through 7:00 a.m. September 28, 2001
GEAR: No minimum mesh restriction. The use of monofilament gillnet gear is allowed.
ALLOWABLE SALE: Salmon.
SANCTUARIES: Grays River, Elokomin-A, Cowlitz.
2) MAINSTEM COLUMBIA RIVER - TARGET COHO FISHERY
AREA: SMCRA 1A, 1B, 1C and 1D upstream to a line extending from the green Navigation Light 13 at the upper end of Bachelor Island at a right angle to the thread of the Columbia River to the Oregon shore.
DATES: 7:00 a.m. October 1, 2001 through 7:00 a.m. October 5, 2001
GEAR: No minimum mesh restriction. The use of monofilament gillnet gear is allowed.
ALLOWABLE SALE: Salmon.
SANCTUARIES: Grays River, Elokomin-A, Cowlitz, Kalama-A, Lewis-A.
3) MAINSTEM COLUMBIA RIVER - TARGET CHINOOK FISHERY
AREA: SMCRA 1D above the I-205 Bridge and 1E.
DATES: 7:00 p.m. September 24, 2001 to 7:00 a.m. September 25, 2001
7:00 p.m. September 25, 2001 to 7:00 a.m. September 26, 2001
7:00 p.m. September 26, 2001 to 7:00 a.m. September 27, 2001
7:00 p.m. October 1, 2001 to 7:00 a.m. October 2, 2001
7:00 p.m. October 2, 2001 to 7:00 a.m. October 3, 2001
7:00 p.m. October 3, 2001 to 7:00 a.m. October 4, 2001
GEAR: 8-inch minimum mesh. The use of monofilament gillnet gear is allowed.
ALLOWABLE SALE: Salmon.
SANCTUARIES: Washougal, Sandy
4) COHO TANGLE NET FISHERY
MAINSTEM COLUMBIA RIVER - TANGLE NET TEST FISHERY
a) AREA: SMCRA 1A, 1B, and 1C upstream to a line extending from a boundary marker located on the Washington shore one mile downstream of the mouth of the Kalama River at a right angle to the thread of the Columbia River to the Oregon shore (downstream boundary of Kalama-B sanctuary), and SMCRA 1D above the I-205 Bridge and 1E.
DATES: 6 AM September 24 through 11:59 PM September 28, 2001.
b) AREA: SMCRA 1A, 1B, 1C and 1D upstream to a line extending from the green Navigation Light 13 at the upper end of Bachelor Island at a right angle to the thread of the Columbia River to the Oregon shore, and 1D above the I-205 Bridge and 1E.
DATES: 7:00 a.m. October 1, 2001 through 7:00 a.m. October 5, 2001
c) AREA: SMCRA 1A, 1B, 1C, 1D, 1E
DATES: 6:00 a.m. October 8 through 6:00 p.m. October 31, 2001
GEAR: 3 1/2 inch mesh to 4 1/2 inch mesh.
ALLOWABLE SALE: Chinook and coho. Release all chum.
SANCTUARIES: Grays River, Elokomin-A, Cowlitz, Kalama-A, Lewis-A, Washougal, Sandy
OTHER: An operating recovery box must be on board. A WDFW staff person must be on board at all times during the fishery.
Only those persons listed below may participate in the fishery:
1) Tim Heuker
2) Mike Heuker
3) Bernie Heuker
4) Dan Heuker
5) Chris Heuker
6) Randy Anderson
7) Mark Ihander
8) Thomas Tarabochia
9) Lance Gray
10) Steve Gray
11) Chuck Yeager
12) Les Clark
13) Steve Clark
14) Marty Budnick
15) John Grocott
16) Larry Holland
17) Del Barendse
18) Gary Olson
19) Marty Kuller
20) Frank Tarabochia
5) BLIND SLOUGH/KNAPPA SLOUGH SELECT AREA
AREA: Blind Slough fishing area includes all waters 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 waters extend downstream of the railroad bridge. Oregon State waters extend upstream of the railroad bridge.
Knappa Slough fishing area includes 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 closure of about a 100' radius at the mouth of Big Creek defined by markers. All waters are under concurrent jurisdiction.
SEASON: Blind Slough and Knappa Slough
Monday, Tuesday, Wednesday, and Thursday nights
7 :00 p.m. to 7:00 a.m. Immediately through September 30, 2001
6:00 p.m. to 8:00 a.m. October 1, 2001 through October 31, 2001
GEAR: 6 inch maximum mesh
100 fathoms maximum length
The use of monofilament gillnet gear is allowed.
ALLOWABLE SALE: Salmon
6) TONGUE POINT/SOUTH CHANNEL SELECT AREA
AREA: Tongue Point fishing area includes 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. All waters are under concurrent jurisdiction.
South Channel area includes 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 waters are under concurrent jurisdiction.
SEASON: Tongue Point
Monday, Tuesday, Wednesday, and Thursday nights
7:00 p.m. to 7:00 a.m. immediately through September 30, 2001
6:00 p.m. to 8:00 a.m. October 1, 2001 through October 31, 2001
South Channel
Monday, Tuesday, Wednesday, and Thursday nights
7:00 p.m. to 7:00 a.m. immediately through September 30, 2001
6:00 p.m. to 8:00 a.m. October 1, 2001 through October 31, 2001
GEAR: Tongue Point
6 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.
The use of monofilament gillnet gear is allowed effective.
South Channel
6 inch maximum mesh
100 fathoms maximum length
The use of monofilament gillnet gear is allowed.
ALLOWABLE SALE: Salmon
7) 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: Sunday, Monday, Tuesday, Wednesday, and Thursday nights
7:00 p.m. to 7:00 a.m. immediately through September 29, 2001
6:00 p.m. to 8:00 a.m. September 30, 2001 through October 31, 2001
GEAR: 6 inch maximum mesh
100 fathoms maximum length
The use of monofilament gillnet gear is allowed.
ALLOWABLE SALE: Salmon
8) 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: Monday, Tuesday, Wednesday, and Thursday nights
7 p.m. to 7 a.m. immediately through September 30, 2001
6 p.m. to 8 a.m. October 1, 2001 through October 31, 2001
GEAR: 6 inch maximum mesh
100 fathoms maximum length
The use of monofilament gillnet gear is allowed.
ALLOWABLE SALE: Salmon
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 effective 6:00 a.m. September 24, 2001:
| WAC 220-33-01000D | Columbia River gillnet seasons below Bonneville-select area commercial fisheries. (01-208) |