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Chapter 220-359 WAC

Last Update: 2/26/19

COMMERCIAL FISHERIESCOLUMBIA RIVER ABOVE BONNEVILLE DAM

WAC Sections

HTMLPDF220-359-010Indian fishery—Area and qualification.
HTMLPDF220-359-020Commercial seasons—Fish.
HTMLPDF220-359-040Lawful fishing gear—Mesh.
HTMLPDF220-359-060Off-reservation Indian subsistence fishing.
HTMLPDF220-359-070Season and gear—Shad.
HTMLPDF220-359-080Season—Sturgeon.
HTMLPDF220-359-090Closed areas—River mouths.
HTMLPDF220-359-110Columbia River—Columbia River off-reservation treaty Indian ceremonial fishing.
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS TITLE
220-359-030Weekly open fishing periods—Salmon. [Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-359-030, filed 2/15/17, effective 3/18/17; Order 77-14, § 220-32-052, filed 4/15/77; Order 1043, § 220-32-052, filed 2/22/73; Order 915, § 220-32-052, filed 3/4/71.] Repealed by WSR 19-06-018 (Order 19-36), filed 2/26/19, effective 3/29/19. Statutory Authority: RCW 77.04.090, 77.040.130 [77.04.130], 77.12.045, and 77.12.047.
220-359-050Open area salmon—Lone Pine. [Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-359-050, filed 2/15/17, effective 3/18/17; Order 77-14, § 220-32-054, filed 4/15/77; Order 915, § 220-32-054, filed 3/4/71.] Repealed by WSR 19-06-018 (Order 19-36), filed 2/26/19, effective 3/29/19. Statutory Authority: RCW 77.04.090, 77.040.130 [77.04.130], 77.12.045, and 77.12.047.
220-359-100Unlawful provision—Salmon. [Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), amended and recodified as § 220-359-100, filed 2/15/17, effective 3/18/17; Order 77-14, § 220-32-059, filed 4/15/77; Order 915, § 220-32-059, filed 3/4/71.] Repealed by WSR 19-06-018 (Order 19-36), filed 2/26/19, effective 3/29/19. Statutory Authority: RCW 77.04.090, 77.040.130 [77.04.130], 77.12.045, and 77.12.047.


PDF220-359-010

Indian fisheryArea and qualification.

(1) It is unlawful for any person to take, fish for or possess fish for treaty related ceremonial, subsistence or commercial purposes in Columbia River Salmon Management and Catch Reporting Areas 1F, 1G, 1H, and 1E1 unless:
(a) The person has in possession a valid identification card issued by the tribal registrar showing the person to be a duly enrolled member of the Nez Perce, Umatilla, Warm Springs, or Yakama tribes who can lawfully exercise treaty fishing rights;
(b) The person submits the valid identification card to any federal, state, or local tribal officer upon request; and
(c) The commercial or subsistence fishing season is open by department rule or the ceremonial fishing is authorized by a valid permit issued by the treaty fishers tribe.
(2) Violation of this section is punishable as a gross misdemeanor or felony crime under RCW 77.15.550.
[Statutory Authority: RCW 77.04.090, 77.040.130 [77.04.130], 77.12.045, and 77.12.047. WSR 19-06-018 (Order 19-36), § 220-359-010, filed 2/26/19, effective 3/29/19. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-359-010, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.04.012, 77.04.055, 77.12.045, and 77.12.047. WSR 15-08-031 (Order 15-53), § 220-32-050, filed 3/25/15, effective 4/25/15; Order 77-14, § 220-32-050, filed 4/15/77; Order 915, § 220-32-050, filed 3/4/71; Order 860, § 220-32-050, filed 3/3/70.]



PDF220-359-020

Commercial seasonsFish.

(1) It shall be unlawful to take, fish for and possess fish for commercial purposes in Columbia River Salmon Management and Catch Reporting Areas 1F, 1G, and 1H except as allowed in this chapter or by emergency regulation.
(2) Violation of this section is punishable as a gross misdemeanor or felony crime under RCW 77.15.550.
[Statutory Authority: RCW 77.04.090, 77.040.130 [77.04.130], 77.12.045, and 77.12.047. WSR 19-06-018 (Order 19-36), § 220-359-020, filed 2/26/19, effective 3/29/19. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-359-020, filed 2/15/17, effective 3/18/17; Order 77-14, § 220-32-051, filed 4/15/77; Order 1043, § 220-32-051, filed 2/22/73; Order 915, § 220-32-051, filed 3/4/71.]



PDF220-359-040

Lawful fishing gearMesh.

(1) It shall be unlawful to take, fish for or possess fish taken for commercial purposes with any net in Columbia River Salmon Management and Catch Reporting Areas 1F, 1G, and 1H except as provided for in emergency regulation.
(2) Violation of this section is punishable as a gross misdemeanor under RCW 77.15.520.
[Statutory Authority: RCW 77.04.090, 77.040.130 [77.04.130], 77.12.045, and 77.12.047. WSR 19-06-018 (Order 19-36), § 220-359-040, filed 2/26/19, effective 3/29/19. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-359-040, filed 2/15/17, effective 3/18/17; Order 77-14, § 220-32-053, filed 4/15/77; Order 915, § 220-32-053, filed 3/4/71.]



PDF220-359-060

Off-reservation Indian subsistence fishing.

(1) It is unlawful for any person to take, fish for, or possess fish for subsistence purposes in Columbia River Salmon Management and Catch Reporting Areas 1F, 1G, 1H, and 1E1 unless:
(a) The person possesses treaty fishing rights pursuant to the Yakima Treaty, the Warm Springs Treaty, the Umatilla Treaty, and the Nez Perce Treaty to fish; and
(b) Such fishing occurs in the following areas:
(i) That area of the mainstem Columbia River from a line between a marker on the Washington shore and a marker on the Oregon shore, such line located approximately one-half mile upstream from the mouth of Eagle Creek, upstream to a point at the four-second flashing light #67 approximately 1/2 mile downstream of The Dalles Bridge; that area of the mainstem Columbia River from a point 200 feet above The Dalles Dam fishway exit upstream to a point 600 feet downstream of the John Day Dam fishway entrance; and
(ii) That area of the mainstem Columbia River from a point 200 feet above the John Day Dam fishway exit upstream to a point at the downstream end of the wingwall of the McNary Dam boat lock; that area of Columbia River from a point 200 feet above the McNary Dam fishway exit upstream to the Highway 12 bridge; excluding those areas within 1/4 mile radius of the mouth of Wind River, Little White Salmon River (Drano Lake), Klickitat River, and Spring Creek Hatchery fishway entrance.
(c) The fishing gear used is limited to dip nets and bag nets of a mesh size not exceeding 5 inches attached to a hoop 24 feet or less in circumference, spear, gaff, and club, except it is lawful to use sport angling gear in places and at times allowed under chapter 220-310 WAC for treaty Indian subsistence purposes.
(d) The owner's tribal affiliation and enrollment number is either placed on the upper side of the hoop, or on a tag attached to the hoop, pole, or cable.
(e) The fishing is authorized by tribal regulation.
(2) In accordance with RCW 77.12.453, it is lawful for Wanapum Indians to take, fish for, and possess food fish for subsistence purposes in the vicinity of Priest Rapids Dam provided that a permit has been issued by the director of the department of fish and wildlife and all conditions followed. Individuals will be designated by agreement between the Wanapum Indians and the director of the department of fish and wildlife or the director's designee.
The following provisions apply to this fishery:
(a) It is unlawful for Wanapum Indian fishermen to fail to report, in writing, their total catch to the department of fish and wildlife within five days of the end of fishing activity under this subsection.
(b) Should any Wanapum Indian be convicted of violating the provisions of this section, or sell, barter, or attempt or sell or barter any fish taken in this fishery or any treaty Indian fishery, that fishermen will be ineligible to further participate in the Wanapum Indian subsistence fishery unless otherwise determined by the director of the department of fish and wildlife.
(3) It is unlawful to sell, barter, or offer for sale or barter, buy, or for a person acting in the capacity of a wholesale fish buyer to have in possession fish taken in an Indian subsistence fishery unless authorized by department rule.
(4) It is unlawful for fishermen participating in an Indian subsistence fishery to fail to submit their catch to department of fish and wildlife employees for the conduct of biological sampling or to fail to allow necessary biological samples to be taken.
(5) Violation of this section is punishable as:
(a) A gross misdemeanor or felony crime under RCW 77.15.550 regarding seasons and times;
(b) A gross misdemeanor under RCW 77.15.520 regarding gear; and
(c) A felony crime under RCW 77.15.260 regarding trafficking of fish not allowed by department rule.
[Statutory Authority: RCW 77.04.090, 77.040.130 [77.04.130], 77.12.045, and 77.12.047. WSR 19-06-018 (Order 19-36), § 220-359-060, filed 2/26/19, effective 3/29/19. Statutory Authority: RCW 77.04.090, 77.04.130, 77.15.568, 77.08.010, 77.65.510, 77.65.515, and 77.65.520. WSR 17-22-100, § 220-359-060, filed 10/30/17, effective 1/1/18. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), amended and recodified as § 220-359-060, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 75.08.080. WSR 85-18-027 (Order 85-112), § 220-32-055, filed 8/27/85; WSR 84-05-046 (Order 84-11), § 220-32-055, filed 2/21/84; WSR 82-17-040 (Order 82-105), § 220-32-055, filed 8/13/82; Order 77-14, § 220-32-055, filed 4/15/77; Order 866, § 220-32-055, filed 6/12/70.]



PDF220-359-070

Season and gearShad.

(1) It shall be lawful to take, fish for and possess shad taken for commercial purposes in Columbia River Salmon Management and Catch Reporting Areas 1F, 1G, and 1H during the times and with the gear types as prescribed by emergency rule.
(2) It is unlawful to sell any salmon, steelhead or sturgeon taken during a lawful shad fishery except as allowed by department rule.
(3) It is unlawful to set or operate set net, drift net, or set lines for shad unless the owner's tribal affiliation and enrollment number is placed upon or adjacent to the end corks or set nets and drift nets, on the anchored ends of setlines and submerged nets, and on the anchor floats to which any of these gears are attached.
(4) Violation of this section is punishable as:
(a) A gross misdemeanor or felony under RCW 77.15.550 regarding seasons; and
(b) A gross misdemeanor under RCW 77.15.520 regarding gear.
[Statutory Authority: RCW 77.04.090, 77.040.130 [77.04.130], 77.12.045, and 77.12.047. WSR 19-06-018 (Order 19-36), § 220-359-070, filed 2/26/19, effective 3/29/19. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-359-070, filed 2/15/17, effective 3/18/17; Order 77-14, § 220-32-056, filed 4/15/77; Order 76-26, § 220-32-056, filed 1:45 p.m., 4/20/76; Order 915, § 220-32-056, filed 3/4/71.]



PDF220-359-080

SeasonSturgeon.

(1) It is unlawful to take, fish for or possess sturgeon taken for commercial purposes in Columbia River Salmon Management and Catch Reporting Areas 1F, 1G, and 1H except individuals possessing treaty fishing rights pursuant to the Yakima, Warm Springs, Umatilla, and Nez Perce treaties may fish for sturgeon with setline gear from January 1 through January 31, and during seasons opened under emergency rule by the department and as provided in this section.
(2) During the open season, it is unlawful to:
(a) Retain for commercial or subsistence purposes sturgeon less than 38 inches in fork length or greater than 54 inches in fork length in Columbia River Salmon Management and Catch Reporting Area (SMCRA) 1F. It is unlawful to retain for commercial or subsistence purposes sturgeon less than 43 inches in fork length or greater than 54 inches in fork length in Columbia River SMCRAs 1G and 1H;
(b) Sell, barter, or attempt to sell or barter sturgeon eggs that have been removed from the body cavity of a sturgeon prior to the sale of the sturgeon to anyone acting in the capacity of a wholesale fish buyer or to sell or barter sturgeon eggs at retail; or
(c) Deliver to anyone acting in the capacity of a wholesale fish buyer any sturgeon that are not in the round with the head and tail intact.
(3) It is unlawful to deploy or operate fishing gear except as follows:
(a) Not to exceed maximum 100 hooks per setline;
(b) Minimum hook size may not be less than 9/0;
(c) Treble hooks prohibited;
(d) Buoys must be visible; and
(e) The owner's tribal affiliation and enrollment number must be placed upon or adjacent to the end corks of set nets and drift nets, on the anchored ends of setlines and submerged nets, and on the anchor floats to which any of these gears are attached.
(4) All sturgeon not of legal size shall be released to the water unharmed. Sturgeon not captured for legal harvest shall not be possessed on land. For purposes of this section, docks and boat ramps are not considered land.
(5) Violation of this section is punishable as follows:
(a) A gross misdemeanor or felony crime under RCW 77.15.550 regarding seasons and times;
(b) A gross misdemeanor under RCW 77.15.520 regarding gear; and
(c) A felony crime under RCW 77.15.260 regarding trafficking of fish not allowed by department rule.
[Statutory Authority: RCW 77.04.090, 77.040.130 [77.04.130], 77.12.045, and 77.12.047. WSR 19-06-018 (Order 19-36), § 220-359-080, filed 2/26/19, effective 3/29/19. Statutory Authority: RCW 77.04.090, 77.04.130, 77.15.568, 77.08.010, 77.65.510, 77.65.515, and 77.65.520. WSR 17-22-100, § 220-359-080, filed 10/30/17, effective 1/1/18. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), amended and recodified as § 220-359-080, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.12.047 and 77.04.020. WSR 09-18-070 (Order 09-187), § 220-32-057, filed 8/28/09, effective 9/28/09. Statutory Authority: RCW 77.12.047. WSR 00-17-117 (Order 00-146), § 220-32-057, filed 8/17/00, effective 9/17/00. Statutory Authority: RCW 75.08.080. WSR 82-19-083 (Order 82-142), § 220-32-057, filed 9/21/82; Order 77-14, § 220-32-057, filed 4/15/77; Order 1043, § 220-32-057, filed 2/22/73; Order 915, § 220-32-057, filed 3/4/71.]



PDF220-359-090

Closed areasRiver mouths.

It shall be unlawful to take, fish for or possess fish taken for commercial purposes in or from the following designated closed waters adjacent to the mouths of streams tributary to Columbia River Salmon Management and Catch Reporting Areas 1F, 1G, and 1H during the time periods specified.
(1) Those waters of the Columbia River extending to midstream at right angles to the thread of the Columbia River between points one-half mile upstream from the eastern shoreline to one mile downstream from the western shoreline of the mouths of Hood River, Deschutes River, and Umatilla River are closed the entire year.
(2) Those waters of the Columbia River extending to midstream at right angles to the thread of the Columbia River between points one-half mile upstream from the eastern shoreline to three-quarters mile downstream from the western shoreline of the mouth of the Little White Salmon River are closed the entire year.
(3) Those waters of the Columbia River extending to midstream at right angles to the thread of the Columbia River between points one-half mile upstream from the eastern shoreline to one mile downstream from the western shoreline of the mouths of Herman Creek and the Big White Salmon River are closed from August 1 to November 1 of each year.
(4) Those waters of the Columbia River extending to midstream at right angles to the thread of the Columbia River between points one-half mile upstream from the eastern shoreline to one- and one-half miles downstream from the western shoreline of the mouths of the Klickitat River and Wind River are closed the entire year.
(5) Those waters of the Columbia River extending to midstream at right angles to the thread of the Columbia River between points one-half mile upstream from the eastern shoreline to one- and one-half miles downstream from the western shoreline of the mouth of Spring Creek are closed from August 1 to November 1 of each year.
(6) Violation of this section is punishable as a gross misdemeanor or felony crime under RCW 77.15.550 regarding seasons and times.
[Statutory Authority: RCW 77.04.090, 77.040.130 [77.04.130], 77.12.045, and 77.12.047. WSR 19-06-018 (Order 19-36), § 220-359-090, filed 2/26/19, effective 3/29/19. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-359-090, filed 2/15/17, effective 3/18/17; Order 77-14, § 220-32-058, filed 4/15/77; Order 915, § 220-32-058, filed 3/4/71.]



PDF220-359-110

Columbia RiverColumbia River off-reservation treaty Indian ceremonial fishing.

(1) It shall be unlawful for any Indian to conduct ceremonial fishing on the Washington side of the Columbia River or in Washington Columbia River tributaries outside of an Indian reservation without first providing at least one week advance written notification to the director of the Washington state department of fish and wildlife, including all of the following information:
(a) Name, place, and time of ceremony for which fish will be used.
(b) Name of individuals and helpers who will be fishing and transporting fish. Only these individuals will be allowed to fish on the occasion covered by the notice.
(c) Exact location(s) of fishing and the amount of gear to be used at each location.
(d) Exact beginning and ending dates of ceremonial fishing.
(e) Type of gear to be used in ceremonial fishing.
(f) Estimated number of pounds of fish needed for ceremonial fishing.
(g) If fish are to be stored prior to a ceremony, the location of storage must be identified. If they are not to be stored, it must be so indicated.
(h) The signature of the designated tribal official certified to the Washington department of fish and wildlife in advance.
(2) It shall be unlawful to:
(a) Fish for ceremonial purposes with commercial fishing gear except in those areas where such fishing gear is authorized for commercial fishing;
(b) Deploy or operate fishing gear unless the owner's tribal affiliation and enrollment number is placed upon or adjacent to the end corks of set nets and drift nets, on the anchored ends of setlines and submerged nets, and on the anchor floats to which any of these gears are attached;
(c) Engage in ceremonial fishing during any portion of a week within a commercial fishing season which is closed to commercial fishing;
(d) Sell or barter, offer for sale or barter, buy, or for a person acting in the capacity of a wholesale fish buyer to have in his possession fish taken for ceremonial purposes;
(e) Engage in ceremonial fishing unless done in compliance with all provisions contained in the advance notice to the department of fish and wildlife of the state of Washington.
(3) It is unlawful for any person engaged in ceremonial fishing to fail to have in possession a signed copy or duplicate copy of the written tribal notification to the director of the Washington state department of fish and wildlife that such fishing is to be conducted.
(4) A record of the numbers of fish taken for ceremonial purposes will be made and sent promptly to the director of the Washington state department of fish and wildlife upon conclusion of each ceremonial fishing activity.
(5) Violation of this section is punishable as:
(a) A gross misdemeanor or felony crime under RCW 77.15.550 regarding seasons and times;
(b) A gross misdemeanor under RCW 77.15.520 regarding gear; and
(c) A felony crime under RCW 77.15.260 regarding trafficking of fish not allowed by department rule.
[Statutory Authority: RCW 77.04.090, 77.040.130 [77.04.130], 77.12.045, and 77.12.047. WSR 19-06-018 (Order 19-36), § 220-359-110, filed 2/26/19, effective 3/29/19. Statutory Authority: RCW 77.04.090, 77.04.130, 77.15.568, 77.08.010, 77.65.510, 77.65.515, and 77.65.520. WSR 17-22-100, § 220-359-110, filed 10/30/17, effective 1/1/18. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), amended and recodified as § 220-359-110, filed 2/15/17, effective 3/18/17; Order 1043, § 220-32-060, filed 2/22/73.]