EMERGENCY RULES
FISH AND WILDLIFE
Effective Date of Rule: October 15, 2006, 6:00 p.m.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-32-05100E; 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: Ends sale of platform and hook and line caught fish. The tribes will issue some C&S permits for the remainder of the fall season. Continues to allow the sale of fish caught in Yakama Nation tributary fisheries to be sold when those tributaries are open under Yakama Nation rules, including Drano Lake. Impacts to listed Snake River wild chinook are projected to be 18.4% through the end of the fall season, compared to the ESA guideline of 23.04%. Harvestable numbers of salmon and steelhead are available under the ESA guideline. The fishery catches are expected to remain within the allocation and guidelines of the 2005-2007 management agreement. Rule is consistent with action of the Columbia River compact on October 13, 2006. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: October 13, 2006.
J. P. Koenings
Director
1. Effective 6:00 p.m. October 15 through December 31, 2006 it shall be unlawful to sell salmon, steelhead, walleye, shad, carp or sturgeon from platforms or from hook and line fisheries in SMCRA 1F, 1G, 1H.
2. Open Periods: Immediately until further notice and only during those days and hours when those tributaries are open under lawfully enacted Yakama Nation tribal subsistence fisheries, for enrolled Yakama Nation members.
a) Open Areas: White Salmon and Klickitat rivers and Drano Lake.
b) Gear: hoop nets, dip bag nets, and rod and reel with hook and line. Gillnets in Drano Lake only
c) Allowable sale: salmon, steelhead, walleye, shad, carp. Sockeye may be retained but not sold. Sturgeon may not be sold, but may be retained for subsistence purposes. Legal size limits for sturgeon retention are between 45 inches and 60 inches in the Bonneville Pool (SMCRA 1F) and between 48 inches and 60 inches in The Dalles and John Day pools (SMCRA 1G, 1H). Fish taken in the Klickitat and White Salmon rivers, and Drano Lake may be sold when those rivers are open pursuant to lawfully enacted tribal rules.
d) Yakama tribal members transporting fish for sale outside the immediate fishing areas are required to possess a Yakama Nation issued fish transport permit.
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The following section of the Washington Administrative
Code is repealed effective 6:00 p.m. October 15, 2006:
| WAC 220-32-05100E | Columbia River salmon seasons above Bonneville Dam. (06-250) |