WSR 05-08-071

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-55 -- Filed March 31, 2005, 4:15 p.m. , effective May 14, 2005 ]


Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-28200G, 220-56-28200I and 232-28-61900J; 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: Retention season will allow harvest of white sturgeon that is consistent with the joint state management plan concerning lower Columbia River white sturgeon management and fisheries. Currently adopted fishery is expected to result in a catch that would exceed the catch guideline set forth in the joint state management plan. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 31, 2005.

J. P. Koenings

Director


NEW SECTION
WAC 220-56-28200I   Sturgeon -- Areas, seasons, limits and unlawful acts.   Notwithstanding the provisions of WAC 220-56-282 and WAC 232-28-619, effective immediately through April 30, 2005, the minimum size limit for sturgeon retention is 42 inches in the Columbia River and tributaries from the Wauna powerlines downstream to the Columbia River mouth.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-28200G Sturgeon -- Areas, seasons, limits and unlawful acts. (04-323)

The following section of the Washington Administrative Code is repealed effective May 1, 2005:


WAC 220-56-28200I Sturgeon -- Areas, seasons, limits and unlawful acts.

NEW SECTION
WAC 232-28-61900J   Exceptions to statewide rules -- Sturgeon, Columbia and Deep rivers.   Notwithstanding the provisions of WAC 232-28-619:

(1) Columbia River

(a) Effective May 14 through July 4, 2005, it is lawful to retain sturgeon caught in those waters of the Columbia River downstream of the Wauna powerline crossing at RM 40. Except, unlawful to retain sturgeon July 5 through July 23, 2005.

(2) Deep River

(a) Effective May 14 through July 4, 2005, it is lawful to retain sturgeon caught in those waters of Deep River from mouth to town bridge. Except, unlawful to retain sturgeon July 5 through July 23, 2005.

(b) Effective May 14 through July 4, 2005, it is lawful to retain sturgeon caught in those waters of Deep River from town bridge upstream. Except, unlawful to retain sturgeon July 5 through July 23, 2005.

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REPEALER

The following section of the Washington Administrative Code is repealed effective July 24, 2005:


WAC 232-28-61900J Exceptions to statewide rules -- Sturgeon, Columbia and Deep rivers.

Washington State Code Reviser's Office