WSR 17-22-021 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 17-288—Filed October 20, 2017, 2:45 p.m., effective October 20, 2017, 2:45 p.m.] Effective Date of Rule: Immediately upon filing. Purpose: The purpose of this rule making is to provide for treaty Indian fishing opportunity in the Columbia River while protecting threatened or endangered species under the Endangered Species Act. Citation of Rules Affected by this Order: Repealing WAC 220-359-08000B; and amending WAC 220-359-080. Other Authority: United States v. Oregon, Civil No. 68-513-KI (D. Or.), Order Adopting 2008-2017 United States v. Oregon Management Agreement (Aug. 12, 2008) (Doc. No. 2546); Northwest Gillnetters Ass'n v. Sandison, 95 Wn.2d 638, 628 P.2d 800 (1981); Washington fish and wildlife commission policies concerning Columbia River fisheries; 40 Stat. 515 (Columbia River Compact). 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: This emergency rule is needed to allow treaty fisheries to remove excess and undesirable hatchery sturgeon from the populations in the Priest Rapids and Wanapum pools. There is insufficient time to adopt 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 Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 20, 2017. Joe Stohr for J. W. Unsworth
Director
NEW SECTION
WAC 220-359-08000B Season—Sturgeon above Bonneville Dam.
Notwithstanding the provisions of WAC 220-359-080, effective immediately, it is unlawful to take, fish for or possess sturgeon for commercial purposes in the Columbia River Priest Rapids and Wanapum pools, except that those individuals possessing treaty fishing rights under the Yakama treaties may fish for sturgeon with setline gear under the following provisions:
(1) SEASON: Immediately through 5:00 p.m. December 2, 2017.
(2) AREA: Priest Rapids Pool from one-half mile upstream of Priest Rapids Dam to the Boat Restricted Zone markers below Wanapum Dam, and in Wanapum Pool from one-half mile upstream of Wanapum Dam to Boat Restricted Zone markers below Rock Island Dam.
(3) GEAR: Setlines only. Hook size must be 9/0 or larger and circle hooks are encouraged over J-hooks. All other gears are specifically prohibited. Setlines are restricted to no more than 100 hooks per line.
(4) COMMERCIAL AND SUBSISTENCE SIZE LIMITS: Legal size limits include sturgeon from 38 inches to 72 inches fork length for any purpose in the Priest Rapids and Wanapum Pools. It shall be unlawful to contort or mutilate sturgeon in any way to conform to size limits.
(5) ADDITIONAL REGULATIONS: 24-hour quick reporting required for Washington wholesale dealers, pursuant to WAC 220-352-180, except that landings must be reported within 24 hours of completing the fish ticket. Sturgeon must be delivered to the buyer "in the round", that is with fins, eggs, guts, scutes, and gills intact.
REPEALER
The following section of the Washington Administrative Code is repealed effective 5:01 p.m. December 2, 2017:
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