WSR 05-13-199

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-129 -- Filed June 22, 2005, 10:42 a.m. , effective June 25, 2005, 12:01 a.m. ]


Purpose: Amend personal use rules.

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

Statutory Authority for Adoption: RCW 77.12.240.

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 closure date for retention of sturgeon was adopted because Washington and Oregon fish managers estimate that the harvest guideline of four hundred fish will be caught by June 25. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 21, 2005.

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900F   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 immediately 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.

(c) Effective June 25, 2005 until further notice, it is unlawful to retain sturgeon caught in those waters of the Columbia River and tributaries from The Dalles Dam upstream to John Day 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

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REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. June 25, 2005:


WAC 232-28-61900D Exceptions to statewide rules -- Sturgeon, Columbia and Deep rivers. (05-118)

Washington State Code Reviser's Office