WSR 03-20-099

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-252 -- Filed September 30, 2003, 3:18 p.m. ]

     Date of Adoption: September 30, 2003.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900R and 232-28-61900A; and amending WAC 232-28-619.

     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: The cut-off dates for retention of sturgeon was adopted because Washington and Oregon fish managers estimate that the harvest guideline below Bonneville Dam of 30,000 fish will be achieved by October 31, 2003. There is insufficient time to promulgate 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: Immediately.

September 30, 2003

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900A   Exceptions to statewide rules -- Columbia River (sturgeon).   Notwithstanding the provisions of WAC 232-28-619:

     (1) Effective immediately through December 31, 2003, it is unlawful to retain sturgeon caught in those waters of the Columbia River and tributaries from the mouth upstream to the Wauna power lines.

     (2) Effective 12:01 a.m. November 1, 2003, through December 31, 2003, it is unlawful to retain sturgeon caught in those waters of the Columbia River and tributaries from the Wauna power lines upstream to Bonneville Dam.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900R Exceptions to statewide rules -- Columbia River (sturgeon). (03-154)

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. January 1, 2004:


WAC 232-28-61900A Exceptions to statewide rules -- Columbia River (sturgeon).

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