WSR 04-09-021

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-77 -- Filed April 12, 2004, 12:43 p.m. ]

Date of Adoption: April 9, 2004.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000B; 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: Harvestable numbers of hatchery salmon are available for an additional fishing period in select areas and impacts to ESA listed fish are expected to be within the guidelines that have been established. An interim management agreement signed in 2001 provides allocation of ESA impacts to upriver spring chinook to non-Indian fisheries, and Washington and Oregon Fish and Wildlife Commissions have provided guidance on sharing of impacts between commercial and recreational fishers. This rule is consistent with actions of the Columbia River compact of April 8, 2004, and conforms to Washington and Oregon state rules. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

April 9, 2004

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-33-01000C   Columbia River gillnet seasons below Bonneville.   Notwithstanding the provisions of WAC 220-33-010, WAC 220-33-020, and WAC 220-33-030, it is unlawful for a person to take or possess salmon, sturgeon, and shad, 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) Blind Slough

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.

a) Gear: 7 1/4-inch minimum mesh size restriction

b) Dates: 8:00 p.m. to 12:00 a.m. (midnight) Monday April 12, 2004

c) Allowable Sale: Salmon, sturgeon and shad.

d) Other: Quick reporting required for Washington wholesale dealers, WAC 220-69-240.

2) 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.

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 a north-south line defined by a marker on the eastern end of Minaker Island to markers on Karlson Island and the Oregon shore.

a) Gear: 8-inch maximum mesh. Mono-filament gill nets are allowed. Nets restricted to 100 fathoms in length with no weight restriction on leadline.

b) Dates:

7:00 p.m. Thursdays to 7:00 a.m. Fridays April 22 through April 30, 2004

7:00 p.m. Mondays to 7:00 a.m. Tuesdays May 3 until further notice

7:00 p.m. Thursdays to 7:00 a.m. Fridays May 3 until further notice

Both Blind Slough and Knappa Slough are open.

c) Allowable Sale: Salmon, sturgeon, and shad. A maximum of three white sturgeon may be possessed or sold by each participating vessel.

d) Other: Quick reporting required for Washington wholesale dealers, WAC 220-69-240.

3) Deep River Select Area

a) Area: Deep River boat launch upstream to the Highway 4 Bridge.

b) Dates:

7:00 p.m. Thursdays to 7:00 a.m. Fridays April 22 through April 30, 2004

7:00 p.m. Mondays to 7:00 a.m. Tuesdays May 3 until further notice

7:00 p.m. Thursdays to 7:00 a.m. Fridays May 3 until further notice

c) Gear: 8-inch maximum mesh size.

d) Allowable Sale: salmon, sturgeon, shad.

e) Miscellaneous: Transportation or possession of fish outside the fishing area is unlawful unless by licensed buyer. An exception to the rule would allow fishers to transport their catch out of the fishing are with a permit issued by an authorized agency employee after examining the catch.

f) Other: Quick reporting required for Washington wholesale dealers, WAC 220-69-240.

[]

Reviser's note: The typographical error 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 220-33-01000B Columbia River gillnet seasons below Bonneville. (04-65)

Legislature Code Reviser 

Register

Washington State Code Reviser's Office