WSR 05-14-062

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-135 -- Filed June 29, 2005, 3:32 p.m. , effective July 5, 2005, 12:01 a.m. ]


Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900F; 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: It is anticipated that 13,650 sturgeon will be harvested by the current estuary sturgeon retention fishery which was scheduled to close July 5, leaving 4,150 sturgeon remaining from the 17,800 fish annual harvest guideline. The adopted fishery extension for the mainstem Columbia River downstream of the Wauna powerlines and for Deep River is expected to result in a catch that remains within the harvest guideline set forth in the joint state management plan concerning lower Columbia River sturgeon management and fisheries. The closure date for retention of sturgeon between John Day and McNary dams was adopted because Washington and Oregon fish managers estimate that the harvest guideline of 165 fish will be caught by July 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 29, 2005.

Evan Jacoby

for Jeff Koenings

Director


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

(1) Columbia River

(a) Effective 12:01 a.m. July 5, 2005 through July 10, 2005, it is lawful to retain sturgeon caught in those waters of the Columbia River downstream of the Wauna powerline crossing at RM 40,

- Effective 12:01 a.m. July 11, 2005 through July 14, 2005, it is unlawful to retain sturgeon caught in those waters of the Columbia River downstream of the Wauna powerline crossing at RM 40,

- Effective 12:01 a.m. July 15, 2005 through July 17, 2005, it is lawful to retain sturgeon caught in those waters of the Columbia River downstream of the Wauna powerline crossing at RM 40,

- Effective 12:01 a.m. July 18, 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 immediately 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,

(d) Effective 12:01 a.m. July 11, 2005 until further notice, it is unlawful to retain sturgeon caught in those waters of the Columbia River and tributaries from John Day Dam upstream to McNary Dam.

(2) Deep River

- Effective 12:01 a.m. July 5, 2005 through July 10, 2005, it is lawful to retain sturgeon caught in those waters of the Deep River,

- Effective 12:01 a.m. July 11, 2005 through July 14, 2005, it is unlawful to retain sturgeon caught in those waters of the Deep River,

- Effective 12:01 a.m. July 15, 2005 through July 17, 2005, it is lawful to retain sturgeon caught in those waters of the Deep River,

- Effective 12:01 a.m. July 18, 2005, until further notice, it is unlawful to retain sturgeon caught in those waters of the Deep River.

[]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. July 5, 2005:


WAC 232-28-61900F Exceptions to statewide rules -- Sturgeon, Columbia and Deep rivers. (05-129)

Washington State Code Reviser's Office