WSR 05-13-035

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-118 -- Filed June 6, 2005, 3:44 p.m. , effective June 6, 2005 ]


Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900W; 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. The cutoff date for retention of sturgeon above Bonneville Dam to The Dalles Dam was adopted because fish managers estimate that the harvest guideline of seven hundred fish will be caught by June 11. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 3, 2005.

J. P. Koenings

Director


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

(1) Columbia River

(a) Effective July 5, 2005, until further notice, it is unlawful to retain sturgeon caught in those waters of the Columbia River downstream of the Wauna powerline crossing at RM 40.

(b) Effective June 11, 2005 until further notice, it is unlawful to retain sturgeon caught in those waters of the Columbia River and tributaries from Bonneville Dam upstream to the Dalles Dam.

(2) Deep River - Effective July 5, 2005 until further notice, it is unlawful to retain sturgeon caught in those waters of the Deep River

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900J Exceptions to statewide rules -- Sturgeon, Columbia and Deep rivers. (05-55)

Washington State Code Reviser's Office