WSR 04-09-047

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-67 -- Filed April 15, 2004, 11:04 a.m. , effective May 1, 2004, 12:01 a.m. ]

     Date of Adoption: April 15, 2004.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: 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: This rule is necessary to conform recreational fishing in all waters of the mainstem Columbia River downstream from the powerlines at Wauna, pursuant to the bilateral agreements on sturgeon management. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 1, 2004, 12:01 a.m.

April 15, 2004

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900U   Exceptions to statewide rules--Sturgeon.   Notwithstanding the provisions of WAC 232-28-619:

     (1) Effective May 1 through May 14 and July 24 until further notice, in those waters of the Columbia River downstream from Rocky Point-Tongue Point line it is unlawful to retain sturgeon.

     (2) Effective May 15 through July 23, 2004, the minimum size for sturgeon taken from those waters of the Columbia River downstream from the Rocky Point-Tongue Point line is 45 inches.

     (3) Open to fishing for sturgeon May 1 through July 31, 2004, Thursdays, Fridays and Saturdays only in those waters from Beacon Rock to the Light 85 Line.

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