WAC 220-32-055
Off-reservation Indian subsistence fishing. (1) It is unlawful for any person, including treaty
Indian fishermen, to take, fish for, or possess salmon or other
food fish for subsistence purposes except in accordance with the
provisions of this section.
(2) It is lawful for individuals possessing treaty
fishing rights pursuant to the Yakima Treaty, the Warm Springs
Treaty, the Umatilla Treaty, and the Nez Perce Treaty to fish for
food fish for subsistence family-use purposes subject to
the following provisions:
(a) Such fishing is permitted year-round
in the following areas: 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; 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.
(b) Lawful fishing gear by treaty Indians in the
above-designated area includes 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, club, and foul hook.
(c) It is lawful to use sport angling gear in
places and at times allowed under chapter 220-56 WAC
series for treaty Indian subsistence purposes.
(d) It is unlawful to use drift gill nets or set
gill nets for treaty Indian subsistence fishing in the mainstem
of the Columbia River except as authorized by the director of the
department of fisheries under the provisions of WAC 220-32-060.
(e) It is unlawful to use gill nets, set nets,
hoop nets, dip or bag nets with a mesh size exceeding 5 inches,
set lines, or any other type of fishing gear not otherwise
specifically authorized except during times and in areas where
such gear is authorized for commercial fishing purposes.
(3) In accordance with RCW 75.08.265, it is lawful
for the following Wanapum Indians to take, fish for, and possess
food fish for subsistence purposes in the vicinity of Priest
Rapids Dam in specified areas at specified times using specified
gear authorized by the director of the department of fisheries. The individuals designated below may be revised
from time to time by agreement between the Wanapum Indians and the director of the department of
fisheries:
Frank Buck
Jade Buck
Stanley Buck
Robert S. Tomanawash, Sr.
Willie Buck
Lester Umtuch
Harry Buck
Grant Wyena
Ken Buck
Jerry Wyena
Rex Buck, Jr.
Douglas Wyena
Phillip Buck
Jimmy Wyena
Richard Buck
Patrick Wyena
The following provisions apply to this fishery:
(a) It is unlawful to fish at any time, place, or
using gear other than that designated by the director of the department of fisheries and authorized by
regulation.
(b) It is unlawful for Wanapum Indian fishermen to
fail to report, in writing, their total catch to the department
of fisheries within five days of the end of fishing activity
under subsection (3)(a) of this section.
(c) 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 fisheries.
(4) It is unlawful to sell, barter, or offer for
sale or barter, buy, or for a commercially licensed buyer or
wholesale fish dealer to have in possession food fish taken in an
Indian subsistence fishery under the provisions of subsections
(2) and (3) of this section.
(5) It is unlawful for fishermen participating in
an Indian subsistence fishery to fail to submit their catch to
department of fisheries employees for the conduct of biological
sampling or to fail to allow necessary biological samples to be
taken.