WSR 00-17-130

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-158 -- Filed August 21, 2000, 7:53 a.m. , effective August 21, 2000, 8:00 p.m. ]

Date of Adoption: August 18, 2000.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000G; 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 salmon and sturgeon are available. Season is consistent with 2000 fall management agreement and actions of the Columbia River Compact of August 18, 2000. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 21, 2000, 8:00 p.m.

August 18, 2000

J. P. Koenings

Director


NEW SECTION
WAC 220-33-01000G
Columbia River season below Bonneville

Notwithstanding the provisions of WAC 220-33-010, and 220-33-020, it is unlawful for a person to take or possess salmon or sturgeon taken for commercial purposes from Columbia River Salmon Management and Catch Reporting Areas 1A, 1B, 1C, 1D, and 1E, except as provided in the following subsections.

     1) OPEN AREA: SMCRA 1D upstream of the I-205 Bridge and 1E, with the following modified Washougal Sanctuary:

     a) Modified Washougal Sanctuary means those waters of the Columbia River and Camas Slough upstream from a line projecting from flashing light 1 on the Washington shore (approximately 4.5 miles upstream of the I-205 Bridge) to Navigational marker 2 on the lower end of Sand Island thence south to Government Island, and a line from the upper end of Government Island south to the upper end of McGuire Island thence south to the Oregon shore, and downstream of a line projected true north-south through the Washougal blinker light (light "50") to a fishing boundary marker on the Washington shore and to the Oregon shore.

     SEASON: 8:00 p.m. August 21, 2000 to 6:00 a.m. August 22, 2000

     8:00 p.m. August 22, 2000 to 6:00 a.m. August 23, 2000

     8:00 p.m. August 23, 2000 to 6:00 a.m. August 24, 2000

     GEAR: 9 inch minimum mesh and 9-3/4 inch maximum mesh.

     ALLOWABLE SALE: Salmon and sturgeon.

     OTHER: White sturgeon less than 48 inches or greater than 60 inches, or green sturgeon less than 48 inches or greater than 66 inches may not be retained for commercial purposes and shall be immediately returned to the water. It is unlawful to gaff sturgeon. It is unlawful to sell unprocessed eggs from lower Columbia River sturgeon.

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REPEALER


     The following section of the Washington Administrative Code is repealed effective 6:01 a.m. August 24, 2000:


WAC 220-33-01000G Columbia River season below Bonneville.

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