Current through Register Vol. 24-06, March 15, 2024
(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
main-stem 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.
Reviser's note: The typographical errors in
the above section occurred in the copy filed by the agency and appear in the
Register pursuant to the requirements of
RCW
34.08.040.