WSR 02-17-064

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-201 -- Filed August 16, 2002, 2:23 p.m. , effective August 19, 2002, 6:00 a.m. ]

     Date of Adoption: August 16, 2002.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-32-051.

     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 first three weeks of tribal commercial fishing. Allows commercial sale from platform and hook and line fishery. Allows sale of fish caught in the Klickitat River to be sold when the Klickitat River is open and the Columbia River is open to commercial sale. Harvestable numbers of salmon are available. Impacts on ESA-listed stocks are expected to be within the guidelines of the 2002 fall management agreement and the biological opinion. The biological opinion covering fall fisheries has been signed. Consistent with compact action of August 15, 2002. Conforms state rules with tribal rules. There is insufficient time to promulgate permanent regulations.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 19, 2002, 6:00 a.m.

August 16, 2002

J. P. Koenings

Director


NEW SECTION
WAC 220-32-05100U   Columbia River salmon seasons above Bonneville Dam.   Notwithstanding the provisions of WAC 220-32-050, WAC 220-32-051, WAC 220-32-052, WAC 220-32-058, effective immediately until further notice, it is unlawful for a person to take or possess salmon, shad, carp, or sturgeon taken for commercial purposes in Columbia River Salmon Management Catch Reporting Areas 1F, 1G, and 1H, and the Klickitat River except those individuals possessing treaty fishing rights under the Yakima, Warm Springs, Umatilla, and Nez Perce treaties may fish for salmon, shad, carp, or sturgeon under the following provisions pursuant to lawfully enacted tribal rules:

     1) Open Periods: 6:00 a.m. August 28 to 6:00 p.m. August 31, 2002

     6:00 a.m. September 4 to 6:00 p.m. September 7, 2002

     6:00 a.m. September 11 to 6:00 p.m. September 14, 2002

     a) Open Areas: SMCRA 1F, 1G, 1H

     b) Gear: Gillnet 8-inch minimum mesh restriction

     c) Allowable sale includes: salmon and shad

     d) Spring Creek Hatchery Sanctuary: Those waters of the Columbia River extending to midstream at right angles to the thread of the Columbia River between points 1/2 mile upstream from the eastern shoreline to 1 1/2 miles downstream from the western shoreline of the mouth of Spring Creek are closed.

     2) Open Periods: 6:00 a.m. August 19 until further notice.

     a) Open Areas: SMCRA 1F, 1G, 1H, and the Klickitat River

     b) Gear: Hoop nets, dip bag nets, or hook and line.

     c) Allowable sale includes: salmon, shad.

     d) Fish taken in the Klickitat River may be sold when the Klickitat River is open pursuant to lawfully enacted tribal rules. Klickitat River seasons are Tuesdays through Saturdays, weekly, from August 20 through September 14.

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