WSR 02-20-008

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-240 -- Filed September 19, 2002, 3:34 p.m. , effective September 25, 2002, 6:00 p.m. ]

     Date of Adoption: September 19, 2002.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05100X; and 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 fourth week 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 September 18, 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 25, 2002, 6:00 p.m.

September 19, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-32-05100X   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. September 25 to 6:00 p.m. September 28, 2002

     a) Open Areas: SMCRA 1F, 1G, 1H

     b) Gear: Gillnet 8-inch minimum mesh restriction

     c) Allowable sale includes: salmon, steelhead, walleye, and shad

     d) Sanctuaries: All standard sanctuaries except the small 150 foot sanctuary around Spring Creek Hatchery.

     e) Sturgeon between 4-5 feet may be retained for subsistence purposes.

     2) Open Periods: 6:00 a.m. September 25 to 6:00 p.m. September 28, 2002

     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, steelhead, walleye, and 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, through September 20.

     e) Effective 6:00 p.m. Saturday, September 28 sales of fish caught in platform and hook and line fisheries will no longer be allowed. The platform and hook and line fishery will no longer be allowed. The platform and hook and line fishery will remain open for subsistence purposes.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed effective 6:01 p.m. September 28, 2002:


WAC 220-32-05100X Columbia River salmon seasons above Bonneville Dam.

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